6858 CONGRESSION... t\.L _RECORJ)-SENATE. OCTOBER 14,
PETITIONS, ETC. the senior Senator from Arizona [M.r. SMITH], the senior Sen Under clause 1 of Rule XXII, petitions and papers were laid ator from Kentucky [Mr. BECKHAM], the junior-Senator from on the Clerk's desk and ·referred as follows : Arizona [Mr. AsHUEST], the Senator - from Oklahoma .· [Mr. By Mr. HULINGS: Petition of Postal Employees' Association GoRE], the Senator from California [Mr. PHELAN], the junior of l\Iercer County, Farrel1, . Pa., praying for an increase in Senator from Kentucky [Mr. STANLEY], the Senator from Mary ·alary ; to the Committee on the Post Office and Post Roads. land [1\fr. SMITH], and the Senator from Tennessee [1\Ir. By .i\fr. l\IcGLENNON: Petition of American citizens of SHIELDS] are detained from the Senate on official business. Lithuanian origin, of Harrison, N. J., -asking the President of The PRESIDENT pro tempore. Fifty-nine Senators have the United States and the United States Congress to give moral answered to their names. There is a quorum present. support to the Lithuanian people in their struggle against the VOCATIONAL REHABILITATIOX (S. DOC. NO. 133 ) . Bolsheviki ; to the Committee on Foreign Affairs. By Mr. RAKER : Petition of California Redwood Association, The PRESIDENT pro tempore laid before the Senate a com-· San Francisco, Calif., protesting against the bill 'introduced by munication from the Secretary of the Treasury, transmittinO' a Representative J EFFERis prohibiting Iuni.ber exports; to the letter from the vice chairman of the Federal Board for Vo~a Committee on the Judiciary. tional Education submitting a supplemental estimate of appro Also, petition of Watterson Bros. (Inc.),. of Bishop, Inyo priation in the sum of $20,000,000 required by the board for County, Calif., protesting against Senate bill 2896; to the Com carrying out the provisions of the voc:;ttional rehabilitation act mittee on Military .Affairs. during the current fiscal year, which, with the accompanying Also, petition of Mrs. Lucy R. Winters, of San Diego, Calif., paper, was referred to the Committee on Appropriations and in support of the Lewis-Raker bill for rank for nurses; to the o~dered to be printed. Committee on Military Affairs. CIVIT.IAN EMPLOYMENT OF COMMISSIO~ED OFFICERS ( S. DOC. Also, petition of Holbrook, Merrill & Stetson, of San F.uancisco, NO. 132). Calif., and 'Vaterhouse & Lester, of Los Angeles, Calif., pro The PRESIDENT pro tempore laid before the Senate a com testing against the bill introduced by Representative SIEGEL; munication from the Secretary of· War, transmitting, in re-· providing for the placing of the cost mark on all merchandise spouse to a resolution of August 23, 1919, statements relative to offe1·ed for sale; to the Committee on Interstate and Foreign the administration, organization, and personnel in or attached Commerce. to the office establishment of the Chief of Staff of the Army, Washington, D. C., which, with the accompanying paper, was referred to the Committee on Military Affairs and ordered to be SENATE. printed. · TUESDaY·, October 14, 1919. MESSAGE "FROM THE HOUSE. The Senate met at 11 o'clock a. m. A message from the House of Representatives, by D. K. Hemp The Chaplain, Rev. Forrest J. Prettyman, D: D., offered the stead, its enrolling clerk, announced that the House agrees to f ollowing prayer: the report of the committee of conference on the disagreeing Almighty God, we thank Thee for the freedom which wraps votes of the two Houses on the amendments of the Senate to us as with a mantle of glory, for freedom of speech and of the bill (H. R. 8624) to amend an act ·entitled "An act to pro council and freedom of conscience and thought. We desire to vide further for the national security and defense by encour bring our free thought and conscience into harmony with Thy aging the production, conserving the supply, and controlling the will to accomplish Thy great purpose in us as a Nation. Guide distribution of food products and fuel," approYed. August 10, us thts day to this end. We ask it for Christ's sake. Amen. 1917. . The Vice President being absent, the President-pro tempore The message also announced that the House agrees to t11e took the chair. . · amendments of the Senate to the bill (H. R. 7972) to improve the The Secretary proceeded to read the Journal of yesterday's administration of the Postal Service in the Territory of Ha,vaii. procee;tlings, when, on request of hfr. SMOOT and by unanimous The message further announced that the House agrees to the consent, the further reading was dispensed .with and the Jour-:. amendments of the Senate to the bill" (H. R. 9203) to punish the nal was approved. transportat~~n . of stolen motor Yehicles in interstate and foreign Mr. SMOOT. Mr. President, I suggest the absence of a conunerce. · quorum. The message also announced that the House disagrees to the The PRESIDENT pro tempore. The Secretary will call the amendment of the Senate t~. the joint resolution_ (H. J. Res. 151) roll. . . _ to p:t:_ovide additional compensation for employees of the Postal The Secretary called the roU, and the following Senators an Service and making an appropriation therefor, agrees to the swered to their names : conference asked for by the Senate on the disagreeing \Otes of Ball Hale l\lcCormlck ·Smoot the two Houses th.ereon, and had appointed Mr. STEENER,SON, Mr. L'al
Hause :filint resolution 9. 'l'bere being no. objection, the joint resolution was referred to "'\ ro olution to the Congress of the United States tram the Sixteenth the Committee on Agriculture and Forefltey und ordered to be Legislative Assemb-ly of the stat~ of Montana. tn Sl)eclal session.. printed in the RxcoiiD, as follows: relating to the llighway system running fwm the south boundary of the Blackfeet Reservation to Glacier Park and to the Canadian border. · Senate- joint memorial u. Whereas there is an important roaI.'Sally pu.rchased by all engaged ln farming and thereby ren Stutes, with the Hocky Mountain Parks in Canada: Therefore be it de-ring impossible and ineffective any attem);lt at price regula.ti()n by Resolved by tlle Legislath:c Assembly of the State ot Montana in the several States; and . special session, .That tbe Department of tbe Interior of the United Whereas In connection with the sale of farm implements and machinery States Government be, and is hereby, urged to build and maintain a in particular, grave abuses have arisen and exist resulting from the highway north and soutb across tho Blnckfeet Indian Reservation; and • practice of said mantilacturers ln selling their products on commls- be it further ion, and theresfte.r dictating the price at which said products sha.ll Resolved, That a copy of this resolution be forwarded. to the Senators be sold by the persons to whom tbe same have· been consigned, and and Representatives in the Congress of the United' S"tates from the often enormously increasing said prices without" any economic reason State- of Mcnta.na, requesting them that they take such action as may for so doing ; and · · · be neeessary and proper for the purpqsn of eeuring to the- state of' Whe:reas aU the people oi tbt> .Unlted States: :.ue the victims d).rectly or Montrula equal terms. and pdces to tho e imilarly situated for petroleum indireetly ol unwarranted< and extortionate profiteering in the industry and its·by-produet . · hereinbefore mentioned: Now. therefore, be it . . ' ' , • 0. W. BELDEN, Resolved1 That we, your memorialists~ the Sixteenth Legislative As· · Speaket• o.f tlw· HaUBc. s.embly of we State of 1\lon.ta.na, in extra&dinary session convened, do. W. w. McDowELL, earnestly petition the Congress oJ the United States to enact with all President ot the Senate. possible expedition. and dhipatch suitable laws tn control and regulate E .Ued August 12, 1910, at 10.20 o'clock a. m. · monoooly in the industrY hereinbefore mentioned and to effect a reduc, C. T. STEWART, Beeretarv tJf State. tion In tho price at wliich farm implements. and machinery are now B,y CL1wo11n L~ w..u.xan, Dept,tv. soM to the pub It~; and bt> ft further Besol'l);edi~ That tbe &PCTeta.ry ol the State of Montana be, and he is UNITED ST.A.TEti OF AMERICA. · hereby~ directed to forwaxcl a duly authenticated Cf)py of thts memorial State of Montana, 8.8: hoth to th<.> Se.n.ate andi House of !Wprese,ntatlves of the United States~ L.C. T. Stewart, ·secretary of state. of th~ State.ol MGntana. do hereby and like copies tO> each o.r the Senators. and Repres-ents tlv;es ln Congress: certify that the above is a true and correct ropy of senate joint resolo· from Montana, with the requt=>st that they use their' b-est endPa>ors to tion No.9, enacted by the Sixteenth Legislati'l'e Assembly of the State ot bring about a speedy COll;smnmation of the relief herein. petitioned for. Montana, in extraoFdinary session a~.mbled. - · · w. W. McDowmLL, Ill wltnei!B whereof I h:,~;.ve hereunto set my hand and affixed the Pt:'C8idBnt of the. &mate. great . seal of tb9 State 'of Montana at Helena, the capital~ tbls. 12th (). w. BELDEN, . uay• of ·August, ·A. D. 1919. ' I . Bpoo/ter of thfl Haus<>. lSEAL.) . C, T .. STlllwART. Secretary of state. . Flletl August 12, 1919. at 10.2.0 o.'clock n. m.. CLIFFOR}) L. W4I..IUimJ Deputy. C. T. STJnVAitT~ , Ejecretay.y of State-. By t::::l.rn'ono L. W A.LKER_,. Deputy~ M1~. MYERS. I present a joint r~solution adopted by the UNITED .SrATJJS Oll\" AMERIC.!, Legislature of the State of Montana, which I ask to- have printed Slate. ot A( The joint resolution was reported .. to the Senate as amended, SHORTAGE OF SuGAR. and the amendment was concurred in. l\Ir. FLETCHER. Mr. President, I desire to have inserted in The joint resolution was ordered to be engrqssed for a third the REcoRD a clipping from the Washington Star of yesterday reading, read the .third time, and passed~ with reference to the sugar situation, and especially stating that BILLS INTRODUCED. •' the Hawaiian ·sugar crop ·has not been sold to Japan but to the United States. Bills were.. introduced, read the first time, and,· by unanimous There being no objection, the article was ordered to be printed consent, the second time, and referred· as follows: - - in the RECORD, as follows : By 1\fr. DILLINGHAM: - · · - A bill (S. 3222) to amend sections 4 and 10 of the act of·June "DENIES HAWAIIAN SUGAR SOLD TO JAPANESE. 29, 1906, as amended, relating to naturalization, and for other "Judge Sidney Bmlou, · attorney for the Hawaiian Sugar purposes ; to the Committee on· "Immigration. Planters' Association, in a statement here last night denied that By 1\fr. NORRIS.: . ·- · · next year's Hawaiian sugar crQp had been sold to Japanese in A bill ( S. 3223) authorizing the Federal Trade C-ommission to terests, as stated by Senator S.uooT, of· Utah, Saturday dur"ing accept and administer fi)r the· benefit of the public and the en the course of debate in the· Senate on the sugar shortage. couragement of industry inyentfons, patents, and patent rights, " 'The entire Hawaiian crop,' · said Judge Ballou's statement, and for other purposes ; to the Committee on Patents. 'has been sold to two sugar refineries in ,California, the Cali By Mr. 1V ADSWORTH: · - . fornia ~Hawaiian and the Western. It will be refined on the A bill (S. 3224)' relating to the creation 'in the Army_ of the Pacific coast and distributed to Anierican consumers. No sale United States of the grade of lieutenant general ; to the Com- to the Japanese has ever be~n contemplated. . The Hawaiian mittee on l\lilitary Affairs. · planters would consider it an act of disloyalty to divert their By Mi. KEl\TDRICK :· . supplies from their OW:r;I coimJ;ry in time of need, and there is A bill . ( S. 3225) for tl:).e relief of bona fide settlers who inter nothing in their record· of unswerving support of the Food Ad marry aftel; having complied _With ·the homestead la~ ~or one ministration during the war which would justify the circulation year ; to the Committee ·on Public Lands. of such a report.' · · · By Mr: CHAMBERLAIN: - · "Senator GAY, of Louisiana, made a similar denial of the in A bili '(S. 3226) · for ~ the relief of Herbert M. Friendly ap.d formation .which Senator SMOOT said had reached him, in debate Archibald E. Btirris and 'each' of them; to the Committee on which followed the Utii.h Senator's address." Patents. · · . · Mr. SMOOT. Mr. President, in connection with the article By l\Ir. TOWNSEND: ·· . . presented by the Sena,tor from Florida I wish · to say that a A. bill (S. 3227) to 'car-ry lito eff~t t11e findings of the Oourt of number of the papers have stated that I said that the Hawaiian Claims in.favor of Myron C. Bond;·Guy 1\f. Claflin, and Edwin A. sugar crop had been sold. I did state on the floor of the Senate 'Yells; to the Committee on Claims: that I was told by one of the leading sugar men of the United -By l\Ir. PHELAN: . . . . States that the Hawaiian sugar producers had contracted for A bill (S. 3228) gr-anting a pension to Harry L. Dean (with the sale of .their sugar for this year. My informant was a gen accompany-ing papers)'; and · _ tleman who has been in the s·ugai· business for a long time; he A bill ( S. 3229) · grailtirig a · pension to ·Margaret Scbolton came direct from Chicago- and stated that he had just left a (with accompanYing papers)"; 'to tbe Committee on Pensions. meeting at which that statement had been made. It was upon By l\Ir. McNARY:· · ' . ' · - . · that statement that I said if such was the case we woultl have A bill ( S. ·3230) to provide f01: the national welfare by assur a shortage of sugar. ing an ·adequate supply of sugar· for the people· of the United Mr. FLETCHER. I am only anxious to see that a correct States for ·the year ending·' neceinber 31, 1920; to the Com statement is given to the people of. the sih1ation. mittee on Agriculture ai:1d Forestry. ARTICLE DY ALFRED D. WILLIAMS. AMENDMENTS TO DEFICIENCY AJ.>PROPTIIATION BILL. ·Mr. THO~IAS. 1\Ir. President, the New York Times of Sunday 1\Ir. POMERENE submitted·.. ·an , ainendll!ent ·proposing to published a very instructive and interesting article entitled repeal the limitation contained in the legislative act of l\Iarcb "When Real Bolshevism Was Here in 1793-1796." · The article 1, 1919, relative to the number of persons employed by the is by 1\!r. Alfred B. Williams, whose account of the il:iSurrec Bureau of Efficiency at rates of . compensation in excess of tionary characte-r of the mission of" Citizen" Genet during the $3,000 per annum,-intended to be propo~ed by him to · the first administration of President Washington affords· a parallel to deficiency appropriation bill, which was referred to the Com some of the excitements and conditions of the present time with mittee on Appropriations and ordered to be printed. which the public is not generally familiar. I think it would be He also submitted an amendment authorizing the Bureau of most useful nnd instructive to insert this article in the CoN Efficiency to use not more than $5,000 _of its current appro GRESSIONAL RECORD, and I ask that it be inserted in the next priation for the payment of rewards. to Federal employees for issue of the CoNGRESSIONAL RECORD. suggestions or inyentions which result in material economy or There being no objection, the article referred to was ordered increased efficiency in handli!lg Government business, etc., to be printed-in the RECORD, as follows: · intended .to be proposed by _him to the first deficiency appr · 1 ti f · u' t s ... ,.~'n -om ..+1.., ,e c.thi:p>ninO' BOllid ' -of.the -vttrious persons within the Un.lted States who, during·recent days ·IS a 1·eso U on 0 rnq Iry · 0 a C-.:a. uu .~..~. ' l the-Committee on Commerce. · · '1 read into the ll.Econn here a few-days ago .from u 1pamphlet Mr. F'LETCHER. .Mr. President, :I ~ unders~d .present .con- "Wliich 'is ;in common circulation in the country, .with t the · nam~ -sideration of the resolution offered .by the :Senato! fmm _New oflthe authors attached, the very things .that are recited in the Jersey was objected to and"he has asked: to have~t go to;theCom. "Tesolution. ·: One of::the authors of that·pamill1let was n'fterw-'ardS mittee on-Commerce. :Js·that.correct? .Has it been referred to examined ,as a •witness before a committee :of the 'Senate, aml the committee? I think it--should go to the committee. -admitted in sub tance the. advocacy of the views there expressed. The PRESIDENT :pt·o ~tempore. 'It may be rreferr.ed to the One of tho e views is the oppo. ition to :any government at ·all. Committee on Commerce. Of •cotu'Be, ~hat ·includes the GoYernment · o~ the United ·States. l\1r. ·NELSON. 'Mr.;.President,Imay I ha'\"e the_attention of tne Fm·thermore, this is not a findin"' of fact. It is merely in the Senator from North Dakota·a .moment? .!I'hls is simply a resolu-· ;form•of_a .question·to the Attorney-Ge rill, aaU.asks him-to give tion to ascertain · what policy the Gove-rnment ·is going to adopt lthe · :Feason ·.why these thlngs bave not been 'stoJ.!Ped. .:If, as ·one with aU ·these merchant -vessels.weillave constructed. The Com- .reason;'lle clnims·that!the eviden e lloes not e...'tist, lmt·i n .-good mittee on ·Commeree has practiCJ;lllY considered .it, and I .thili.k · reason. the resolution ought to be adopted. . . ·1\lr. LENROOT. But, if .the -, 'eruttor ·.will .yield, if ·the re o- Mr. GRONNA. Dses the Senator. 1~efer to the re"'o1ution of the ution -passes in this form, the Senate hns ·:found :as rfacts these Senator from New Jersey? . Ithings. It is only a question of the 'form. :r . ·houl.d object now, 1\lr. NELSON. Yes; the resolution offered by ·the ,Senato1· but=! should-not object if it were put in the:fot'IllJmer~ly • ofnsking from New Jersey. The committee has,pra.ctically consillered it. :'for information. ·I think it will appt·ove· of it, and we ·arc .ver.y .anxious to know ~ The PRESIDENT .pro tempore. O::llc •Chrur umlerstantls the where we 3.1'e in "this .matter. . - Senator from Wisconsin to objeet. · Mr. GRONNA. -, Of cour~e, ifitJ.scon,ly-a .matter of i~·y-- 'Mt. : LE~TROOT. 'If the Senator·froru ·washington will mo1llfy Mr. FLETCHER. I shall·obje-ct, Mr. .President, 'to the pre.sent 'the ·resolution and bring .it up n llittle 'later, '1 Sh.:~ll lmTe .no consideration .ofithe .resolution. · · [ ,().bjection. Mr. GRONNA. And iflthe-eommittee•has consffiered.it-- . ::Mr. ' 'l'HO~lAS. Mr. P..re ide-nt, . lleTsonnlly I llo rnot object to l\1r. FLETCHER. ,I dornot tliink the :commlttee has cousid-. ·'the consider-ation of the:Jte.olution, .althouglt 'I am 'disposed •to ered it. question 'the need 'for it. rrts recital. o:f J fa~t , di do e .nnthing . Mr. GRONNA. Mr. President, have ·I -the·fioor? · .. that is new·or recent,-except'that the . prOJ.ragnnda~lf:Lmay use,a Mr. FLETCHER. I am·simply saying that I ·shall·obJect. :much-abusetl word now so generally pr valent-"7is 1mer:ely 1a Mr. GRONNA. But I ·had not finished the sentence. 1 continuation-of the same conduct thtlt ha.: heen. tolerated Jn -th.e simply wanted to say that so far as I am!l)ersona~y co~cerne~, 'United States for a great many year..;. 1f it is ·only a resolution ·of inquiry, and if the committee IS The m;ganization known asithe ·I. W. '\V. is founded upon,de- anxious to have it,passed, 1: ·shall not object. fianee of . the Government of the United "tate -in :fact, of ·all Mr. FLETCHER. .I understood the.Senator.to .say that, or to governments-upon the asserti9n that all properts belongs .to be about to -say it, and I wanted to·say :that I do object, so ,there ·one Class of society, and that dt is ithe mi"' ion of this class to is ..no use·of lo ing tlme·over ·t. . possess itself oflthatwhich belongs to it, to·take charge of the·Gov mhe PRESIDENT p:ro ~ tempore. IT'he .Senator ~·om Flotida , ernment: and ~to . do - away:with, by.e:x:t:in.ction.if neees ary, ullother objects"to the present eonsiderati9n,of the resolution,.and under classes. 'The or.t of literature-at which this resolution is nimell, the.rule it.goes over nnti.l to~mm;row. _ to my certain :knowledge, .made its :appearance in certain part;s Mr. FLETCHER. I understood ·the Clmir .held that ,it was .to of the:United :states in 11900, since .which time it has been printed go to the Committee on ColllQlerce. . and circulated contemporaneously with Yerbal campaigning, and The PRESIDENT _pro tenwore. T~e •Chair . did not so hold. all directed to ·the same end. . ..Mr. EDGE. ilf1the Senator ·Will yield, ·1 was going .to suggest . trhe nnly ,dl1Ierence lbetween ·this <.'Ondition prior to the war that instead of having lt •referred to the Committee .,on Com- _anct ;the•con.ditixm.-:at 'the present ltimellies in tbe fact that i.t i · merce, as it·c:an,not be of any.particnlar u e to. .ha\e ·it considered . -now ·more .general ~ in character and ac:compnnicd by a greater by that committee, it lie·over under'the:rule. Jlumber rif ,·and mo-re ·widely extended -suspensions of ;labor:aud Tile PRESIDENT p.ro tempore. The ·. Chair unders4!nds that ·interferences :with :individual .ln.itiati-re in .the ·united,-8tates. under the rule· of the .Senate, upon an-objection.by.any.Senator The,resolntion ·logically, .therefore, -should embrace. an inquicy to , th~rore ·ent consideration. of a :resolution, it goes· over tmtll nvhy this evil was not'J)roceeded again. Lin its ince11tion and· the the following·tluy, and that ts the tlispositlon;of this resolution. :Jaw yigorously enforced at that time. _It •is true we had no SEDITIOUS ·ACTS AND UTTERANOES. espionage act prior .to . our ~ entry into tlle ·WUl', .bUt it iS equally :Mr. POThTDEXTER. I offer a Senate resolution and .ask that i1r.lle, if : the ~a.cts are .legally punishable, .it .should be so without .such;an ·a amounts and by the authority to employ for that purpQse ~ States, a symptom identical with that which some time ago ap great many more officials than are now allowed by Ja~, beca:u~ pearea at Butte, Winnipeg, and Spokane, a test, so to speak, I conceive that it would be impossible for him to get anywhere of the strength of the Government and of the power of organized without such supplementary authority. · . society to protect itself. . I h::rve fe"tt, and I am more than ever conv~nced as time goes The dispatch in the Post from Gary, Ind., reads: by, tllat the remedy for these evils, and they :rre very sini ter The radical pamphlets were distributed as "a proclamation of the ones, lies entirely in the bands of the ~<\mencan people, and communist party of America." The beading of the proclamation was "The capitalists challenge you, workmen." unless and until they exercise their undoubted p~nver 1,10 inter The pamphlets declare that the municipal government of Gary, Pub ferences of a semilegal nature will do more than temporarily mUting to the control of the Steel Tt·ust, had forbidden the worltingmen suspend the operation of these conditions in one OI' two localities · to bold public meetings and parades, and that for two weeks these work ingmen "had permitted the Steel Trust government to trample under of the country. foot the democratic rights which · they had been so often assureu were There are 110,000,000 people in the United States, and there the heritage of the people of this country." are, perhaps, less than 250,000 tJf these agitators and law Now, :Mr. Pre:.ident, this is not a Steel Trust govern~ent. I breakers. One, however, is organized and the other not only bad occruiion, when the Steel Trnsf was organized,' to expres: disorganized but apparently indifferent. Whether that indiffer my dissent from the e~ercise of a power that I thouo-ht then and ence results from a lack of appreciation of the magnitude of .still think was beyond the law; and I also took oc a ion, although the crisis which confronts us or whether it is due to that cheer neither a prophet nor the son of a prophet, to predict som of ful optimism which characterizes Americans everywhere and the consequences of disregard by organized capital of the rights under all circumstances, and which assumes, in obedience to the of the individual, of the principles upon which this Government old, worn-out doctrine of Jassez faire, that all these evils wi~ was founded, and of the difficulty of securing a perpetuation of right themselves in time if left alone, I do not know. But the our laws apd of our institutions in the atmosphere of organizell :tact is that, except in the city of Boston, there has been no monopoly. public organized resi t..'lnce to these things. The success of_that In this instance it so happens that tlle mobilization of fore organized public resistance in Boston I had hoped would prove for the preservation of law and order benefits this particular or contagious and re ult tn similar manifestations all over the ganization; l::fut to call the action of tlie Government when it country where similar exigencies materialized. There are plenty mobilizes its armed force fm: its own 'protection a Government of good people in Pittsburgh, Clev~land, Canton, :Youngsto~, of a particular class is merely to appeal to the prejudices of men Chicago, and Gary, and if they w1ll as ert themselves, umte through an assumption that is wholly without foundation. lawbreaker~ and serve notice upon these anarchist and that The pamphlet then describes a parade he~ded by 500· men in the institutions of this country shall be preserved, that men shall United States uniform, which was followed by the entry of Fed be protected in the right to work· if they wish, that the laws eral troops into the city. I understand that one of these demon. . shall be enforced and order maintained, there will, in my judg strations was led by a number of men in the uniform of the ment, be a very abrupt ce . ation of these CQnditions, and Until United States Army. A demonstration against the law by men that is done we can not hope for any ubstantial amelioration whose purpose it is to disrupt this Government, having at its of them. bead a large number of men clad in the uniform of the United There is a great strik upon the water fronts ·of the city of States Army, is something that should be inquired into. There is New York, .involving some 70,000 longshoremen, supplemented an event of which the Secretary of .war should, of his own voli by a teamsters' strike of 10,000 more, both of them in <}lr~t tion, take notice, whether these men were discharged or not; nnd willful violation of their agreements, the collective bargains, and I hn. ve no doul>t they were. I do not for a moment us ume if you please, which their leaders and officers entered into·SQme that a man wearing. the uniform of the Army of the United. time ago with their full appro"Val. As a result shipping is States,. and actually in that Army, would sq far forget his duties paralyzed, thousands of tons of· perishable food. a-re · remlered or his obligations as a. soldier as to take part in any uch ·useless upon the wharves at Hoboken, Jersey C1ty, and other demonstration. · · points opposite the great metropolis of the country, while the No man, soldier or private citizen, should be permltteu to distribution of that which remains is arrested through the appear in any demonstration that is hostile to the Government teamsters' strike. , of the United States when clad in the uniform of the Army, These are both, Mr. Preshlent, crimes agai-nst society and and if there is no law to prevent it, then we should enact one ao-ainst civilization. They can only result in infinite damage and see to its enforcement; for if that insignia means any ~d injury, enhance to a still greater degree the cost of living, thing, it symbolizes the force which stands behind the law and and ultimately must react upon those upon whose shoulders all government, for, in the last analysis, that is the embodiment must rest the blame. Yet the millions of American citizens of the Government itself. Without it there can be no such in New York, Jersey City, and Hoboken sit ·Supinely nnd wonder thing as security of life or of property. why Congress ·does not do something, a state of mind for which Mr. :NEW. 1\Ir. President-- we are largely to blame, since, inasmuch as we have assumed The PRESIDENT pro tempore. Does the Senator from ol jurisdiction of nearly every complaint. that comes to us, it is orado yield to the Senator from Indiana? the most natural thing in the world · that the public or this 1\Ir. THOMAS. I yield. generation at least, should be educated to the theory that if Mr. NEW. I simply wi h to say that for everal day I anything goes wrong demand that Congr4:'ss rectify it, and ha\e been trying to get from the War Department an expres damn us if we fail. sion of opinion as to bow this evil of which the Senator so 1 am sati fied that if the good citizens of the city of New righteously complains may be remedied. I refer to the pres York will a sert themselves, as they must sooner or later if ence in mobs of men clad in the uniform of the United States they would thwart this menace now immediately upon them, Army. I have both written to and talked with the Secretary the reJnedy will be effective. The greatest strike known to his of War about it, in the hope of getting some kind of recom tory occurr cl in Great Britain two or three weeks ago, and it mendation, either directly from hi.m or from the Judge Advo was broken by the organized, the aroused, and the detevmined cate General.' but as yet without re ults. effort of the good people of the Kinguom ... That was the only 1\lr. THOMAS. I am. very glad that the Senator bas taken force whl h could be made effectual. The law officers of the this action. He should be commended for it, not only by his Government might have issued writs, summoned grand juries, fellow Senator but by the country. I certainly hope he will taken te timony, returned indictments, held trials ad intini~m, ascertain all about it, because the incident is a most sinister and to no purpose; but the aroused conscience of a nation, one, which I confess has disturbed me considerably. coupled with organized and determined action, served effective 1\fr. NEW. I wish to add only that I most heartily concur notice upon lawbreakers; because I insi t that every inter in all the Senator from · Colorado has said on the subject. In ference with an agency that is public in its character, and upon Gary, Ind., where the United States troops are now in charge, which the people must depend, is neither more nor le s than the mobs in that city have in some instances been led by men lawbreaking, and that sort of thing will continue in this in the uniform of the soldiers of the United States. It has country until it is met and ended in that manner. been difficult for the uninitiated to distinguish between troop This morning's Post publishes the contents of a circular w:Qich in legitimate service and the rnemb.er of the mob, who arc was yesterday distributed throughout the town of Gary, of similarly clad and are apparently moving with some regard which those there in cha1·ge have taken due notice, and which, at least to organization. It would certainly appear to be an if any further evidence were needed amply supplies it, sup evil against which some legislation should be immediately port the fact that this is a .strike for power, a strike, as Mr. directed. Fitzpatrick says, to socialize industry, and not a strike to 1\.fr. THOMAS. l\!r .. Pt·esident, there is another view of this secm·e t11e observance of better conditions or the enforcement incident of the parade or the gathering, and that is the re pect of a demand for higher wages. In other words, it is a con which all men have for the uniforin, and any officer, civil or spir-acy against the Government of the States and of the United military, · engaged in the enforcewent of law . aml orcler woula 1919. COKGRESSIO~ AL REOORD.--SE :rATE. .. 6867 hesitate to attack a man, however riotous he might be, when leaders say for them, that they uill return to work when and clothed in, the insignia. of the military arm of this Government. o.nly when that condition comes about. Mr. President, even that I confess that as a citizen, if I should see a body of fi\e or six can be secured in this country at the polls if it is the wish of the htmdred men clad in the Army uniform, even at the he.ad of a majority that om· industries shaH be so owned and so operated. mob, my first instinc-t would be to take off my hat to them, Even there a resort to force or to the negative power of the to look upon them as the embodiment of the military power of strike, unaccompanied by what is called direct action, is totally the Government, and I can well understand how the average and absolutely 1mnece sary to accomplish what the majority of peace officer .would hesitate to charge upon· or to assault a man the people desire. thus clad, howe.va· boisterous or improper his conduct might .And if the majority uo not so desire the minority can not be be. That is another feature of .such a use of the ·unifQrm permitted to as ert their authority by \iolent and unlawful which demands ow· action if need be essential to prevent it. means. But I continue with the proclamation: I now yield to the Senator from l\lontana. " The National Government has stepped in." says the pamphlet- " The Mr. MYERS-. 1\Ir. President, I simply Wish to remark that I Steel Trust was in ·danger of being beaten. To save itself it brought into belieYe the facts which have been stated by the Senator from the field.. the instrument forg<'d by the capitallsts to uphold their system · of exploitation and oppression, the State, which in spite. of all its demo Ohio [Mr. Po.MERE~E] show the result of the disposition of Con cratic pretensions,· is but the physical expression of the dictatorship of gress to investigate every strike in every labor disturbance. It the capitalistic clas es." · . . . is -almost invariably taken by the strikers as an e\idence of The pamphlet tells of raids conducted by the military authorlhes m is the search for radical literature. and concludes : sympathy by Congress with their cau8e, and used by the " Gather in great mass meetings. Bl'ing to the attention o! the un agitators to represent to the more ignorant sti·ikers that Con enlightened workers the meaning of the martial law· at Gary. Sh_ow gress is taking their side and is going to do- something in their them that it is not enough to strike against low wages and bad working behalf. · conditions, but that' the strike must be directed against capitalism. " The workers must capture the power oi. the State. They must- wrest 1\Ir. '.rBO:ll!AS. ';I'here is no doubt about it. We are becoming from the capitalists the means by which capitalist mle is maintained. much more of an investigating than a legislative body. Any "The answer to the dictatorship of the capitalists is the dictatorship thing und eV"erything whicl1 seems wrong comes to Congress Tor ot the workers." investigation. A telegram \Vas read by the senior Senator from Now, Mr. President; if that be the purpose of these agitators in California [Mr. PHELAN]' a few mornings ago from some organi these so-called labor insurrections it can be easily accomplished zations in the city of Oakland, Calif., asking Congr-ess to in by the machinery which this Government itself provides for its vestigate a ·decision mad~ by ·one of the judges of the Uriited own purpose. States c<:rirrt ot1t there, whiCh was said to have assumed that a 1\Ir. POMERENE. 1\lr. President-- state of wai.·. still eXists. I see no more objeetion to such au 1\fr. THOMAS. I will yield in just a. moment. Any majority iirvestigation. than · can pe ~rged against the one to which th in this country can impose i.ts wilL upon the minority, through Senator indirectly referred. Our investigations never amount the exercise of the eleetive fl:anchise, by tile selection of: its own to anything eicept to increase the e::q~ense of legislation. officials and by effecting a consequent change in governmental Mr. MYERS. And to ~neourage the strikers and violators of administr_ation. There is absolutely no excuse anywhere in the law, as a rule. United States for a resort to force and lawlessness to oYercome Mi.-. THOMAS. Yes; the Semi tor's suggestion is ·most appro an existing actual or imaginary evil or abuse. It is to the glory _priate. It does have that effect, very naturally and very prop of the American Constitution, as of- the Sta.te constitutions and a·ly, and the longa· we continue these things the more liable the laws, that they ha:re made ample pro\ision for an expression we are to f!ncourage that view and giYe support to such assur of the will of the majority, whatever that majority may be, and ances as are riJ.ade to· these ignorant foreigners, who, by the way, to enable it, through such lawful expression, to accomplish its were largely brought here by the men who are nou• comp1aifiing purpose by peaceful means. The man who resorts to force or ag':iinst tlieir misconduct. · · · makes an appeal against law and ol·der in this country for any 1\fr. OVER~. ~ot only that, but it ha c;ost the taxpayer·· purpose by that act condemns himself aml condemns hi cause. . considerabl~ · m~:mey._ ' · · · · I now yield to the Senator frmn Ohio. . . 1\It·. THOMAS.· Of cour.se.. . · · Mr. POMERENE. Mr. President, I thought, with the per Mr. OVERMAN. I understand now there is a ueficiency in mission of the Senator from Colorauo, it might not be out of the fimincial office o.f the SBnate 'of $135,000 on account of funds place for me to state that the latter part of last week I was required to make these investigations. advised by a prominent gentleman, who is known to many Sen Mr. THOMAS. Oh:, well, that is merely a flea bite. What i . ators here, that he had been in one of the great steel plants in .$150,000 nmvada;rs? The great expense involved in these com Ohio the first of last week and talked with a Slovak who had -missions 'is reflected in ilie taxes imposed 11pon the people. been there for years and whom he had known for many years. What, for example, will it cost the taxpayers of the State of Thi::l Slovak told him that they had good working conditions, ·Pennsylvania when the bill consequent upon the strike now but what they wanted was 12 hours' pay· for an 8-hour day, I>endiiig comes to be paid? - What will be the expense to the and that they were going to get it; that if the employers would ,People of lllfuois, to the people of Ohio, and to the people of not give it to them Congress would see to it that the plants were Colorado? · · · · turned over to them, and then they wonhl be operated ~ithout · Why, Mr. President, the expenses cons~~~nt upon the en the bosses and without the employers. forcement of law and order by the cities and the States of this This morning I received a letter from a prominent gentle Union are so enormous that I do not think I exaggerate at all man, whom I have known for many year.s, a level-headed man, when I say that in the last 20 years they have more than trebled; who knows what he is talking about, and in it he states that jn and so long as these things continue and society finds it nece·· one of the large plants in his city the organizers were clrcu sary to protect itself, just so long will these expen es continue lating the report that all the officials would soon be displaced_ until the burden becomes absolutely unendurable.' That is one and that the operation of the plants in that city would. be in the ·of the purpos_es sought to tie accomplished by these so-called hands of the 'B foreigners and others who are engaged in this ·leaders, and ·they do not hesitate to say so. · ' · ~ · movement. Mr. FLETCHER. May I ask the Senator a question? · ·· From what I have heard from Yarlous cities in the State of Mr. THOMAS. certainly. Ohio, as well as in western Pennsylvania, I am satisfied that 1\Ir. FLETCHER. In view of the tatement of Mr. O'Connor these organizers are now holding ou.t these inducements to a as 'the newspapers give it, is he able to b·ace directly-to I. ,V. ,V. lot of these ignorant foreigners for the purpose of getting them headquarters the organization and origin of the longsho1·emen't:> into the arganiza tion. strike in New York? · · Mr. TBO:~IAS. Tha·e is no doubt a.bout it in the world. Mr. THOMAS. There is no doubt about it. · Those who organized, advised, and promoted the strike ha\e at Mr. FLETCilER. If that is true, does it raise a que ~tion a least the merit of candor. They have said so openly. to whether Congress should do anything or Federal authority There is a large steel plant in my State employing 6,500 men. should exercise any jurisdiction? Its employee had no grievance whatever. They a.sked for a Mr. THO~fAS. It raises a serious question, Mr. President, conference with the managers and got it. They complained because, fundamentally, I believe that all these matters are of nothing. Their purpose is to nationalize, as they call it, the under State jurisdiction. The States have laws to meet these industry and run it themse\es ; hence t11ey went out. conditions, which they should enforce. If they have not, then Mr . .'.MYERS. Mr. President-- they should enact them as soon as possible- and should see tbut 1\lr. THOMAS. I will yield in just a moment. they are rigidly enforced. The difficulty, however, is that the They are out on strike to-day, and there have beeu, since this States are quite as prone to shift t.l:le burden of their responsi strike was called, no grievances whatev.er. Thex wexe getting bility upon the Congress·of the United States as are indiYiduals, tlle best of wa o-es. They confessedly had no complaints to offel.', not only because of. the difficulties in\olved but also on the but they were organized f6r that purvose~ and they say, or their score of expense, which they are -eager to avoid. · ' . '6868 CONGRESS! ON AL RECORD-SENATE . OCTOBER 14, _Lfr. ~ president, this pamphlet seems · ostensibly to have been For my part, Mr. President, I am glad that the governor prompted by an interference with the political rights of those of Indiana placed this great industrial community tinder who demand the right to meet en masse and take charge of the martial ·law; I am· gl.B.d that the American ·Army is there Government. Their "right of assembly" has been interfered representing the majesty of the Government ; I am glad, too, with. Well, the right of assembly is a sacre'd ·American right; that the real purpose of ·the strike h·as been disclosed in this but the assembly of a mob, tile assemblage of individuals for proclamation defying the ·· Government of" the United States riotous and criminal purposes, not only never was, but never and calling tipon certain people to take possession of it: · The should be, protected anywhere under any circumstances. ·"" Riot crisis is coming, arid let it· come in this generation. · ing was an offense at common law, and, of course, it is an Capital as well as labor; Mr. President, is· largely tO' blame offense under the statutes of every State in the Union. for these· conditions, -for· the one is· an imitator of the other. I am amazed-perhaps I should not be, but I am amazed Both should be held within proper limitations 'nnd . each I given at the glibness with which in these later days so many talk every -right which it deserves and no more. ·· 'It is either that, about t.heir rights and are so unmindful of their res'ponsibili or, as ·the S~nator ·from Florida [Mr. FLETCHER] suggests to ties. So completely obsessed are they· with the assertion of me, a dictatorship, because chaos, riot, and disorder, the rule rights that they either forget or ignore air of their obligations. of the mob, the wo-rst and most damnable of tyrannies and There never was a right, great or small, that could tie separated oppressions, will become the -inevitable alternative.· Histor-y from its attendant obligation and survive~ I have a --right to so teaches by many examples which bring to the average citi life, liberty, and the pursuit of happiness; so have · you, Mr. zen a realizing sense of ~ the conditions which now confront President ; but that right is necessarily circumsc·ribed hy obli him. It is for the great middle classes of the country to save gations, the supreme one of which is thaf we must recognize it, and when the awakening comes, as it ·must· come, when the its possession and enjoyment by every · other citizen of the citizenship of this country is organized and -stands shoulder United States. The obligations to observe the laws;·to respeCt to shoulder for the vindication of law ~nd · the preservation them, to obey legitimate ·authority, to bear ·our part of · the of our institutions, then woe to the disturbing ele~nts which burdens of society, are necessary concomitants of every right to-day would devote the institutions of this mighty Nation to than can be asserted or enjoyed. The man who declines to destruction. bear the burden of the one does ·not deserve to enjoy the ·other. Mr. POINDEXTER. Mr. President, at the · request of the · When I hear men· talk about their God-giveri rights; their junior Senator from Wisconsin [Mr. LEmiooT], I will ainend rights under ·the Constitution; I am always indin.ed to· suspect the resolution as I submitted it by inserting the words'" it is that they seek to assert something under the guise of legitimate alleged" before the statement of fact, and resubmit it·in that rights Which ntcessarily interferes with, if it does· DOt d'eStJ·oy, form. The senior Senator from Wisconsin [l\1r. L.A. FoLLETTE] some similar right of others. ' Until: we ignore' the fact· that informed me--and he was on the floor a moment ago-that he our rights are no more important than our obligations, and that was going to object to the resolution if it contained the words unless we recognize and perform our obligations ·we shall soon "it is alleged.". So, while complying with the request of one be without any rights at all, conditlons are apt- to continue as Senator from that State, I meet with the objection of the other. they are at present, if, indeed, they do ~ot rapidly become He also stated, however, that he might simply desire to expres worse. his views upon it, if the resolution would go over until to-mor - Every well-ordered community necessarily r~gnizes tliat ob row under the rule. In the meantime, I ask unanimous consent servance of law nnd orcter lies at t:pe foundation· of the pro~ to say a word in explanation of it. · perity of peoples and the safety of_go _vernnients. _Y9u 'can no There could not be established a very much stronger founda more divorce law from ordet• thap_you can .divorce tl~e laws of tion for this resolution ·than that which has been so clearly set nature from the materials which compose it. _Whenev:er any .out by the remarks of the Senator from Colorado [Mr. man assumes, either in conjunction with himself or with some THOMAs]. He called to the attention of the Senate the pur of his fellows; to assert. a right (and 'to' enforce it on liis own poses, motives, and objects of the strikers at Gary, Ind. It account and that of ollie!~· .be- is aii enemy> even th·ough be clearly appears from the evidence cited by the Senator from may not know it, of that well-ordered condition of human so Colorado that the purposes of the steel workers in their strike ciety without which our lives are insecure, ol.tr families' unpro at Gary, Ind., are·not merely to obtain higher wages, or shorter tected, and our property subject· to _devastation. hours of labor, or improved conditions of work. It clearly aP The right which is interfered with by' the people who issued pears from the evidence he cited that their purpose goes far tl1is proclamation is the ,right· of the mob; the right of indi beyond that; that it reaches to .the scheme of subverting the viduals to assemble, to indulge in incendiary_discti~?sion, to de authority of the law, and that means subverting the authotity nounce the Government, recommend its overthrow, and, 'above of the Government, because there can be no law in our con all, to prevent American· citizens;under' the laws and Constitu ception of it for practical purposes except that which is estab tion of the country, from earnirig in their own way a livelili'ood lished and administered by the Government. · In other word. , 1 for themselves and tlieir families, · • it is a.' revolutionary' movement. On Sunday last, 1\fr, President, among the pictures. in the We deceive ourselves in a ·way, and probably mislead a great illustrated supplement of one of the New York papers was many people in the country, if we rai.Be a question here among that of a man running for his life through a wheat field at ourselves such as is raised by the suggestion that is just made Hammond, Ind., while immediately behind him were half a dozen to change the statement made in this resolution by attaching men armed with brickbats and sticks and stones, throwing t11em the condition that " it is alleged," creating doubt us to whether at his retreating form and endeavoring to overtake him. Was or not such a movement as that which has been described is in this refugee u criminal? 'Vas be a man who had offended against existence in this country. There can be an army of witnesses tl1e laws of God or man? Was he fleeing from justice?- NQ, and a cabinet full of documentary proof introduced to 11rove Mr. President. He hnd had the temerity in this country-and the existence of such a revolutionary movement; that it i not he was an American citizen-to exercise his right to work with confined to Gary, Ind., nor to the State of Indiana, but that out hindrance from anybody; he· had sought employment in it extends throughout the Nation; that it is supported by nmpl'=! order that he might maintain himself and his family. He was funds, put _forward by systematic organization, and that n large born in a country whose Declaration of Independence enunci part nt least of the many strikes that have occurred (luring ates the principle that every man has a right to life, liberty, recent months_ and that are now in progress are based upon and the pursuit of happiness, where privilege is not supposed to that revolutionary proposition, and have for their object the exist, and the fact of citizenship is the only needed guaranty defiance of the law, the overthrow of the Government, the e tab for the enjoyment of these rignts ; yet here he was fleeing for lishment of forcible communism, and the taking over of the his life-whether·or not be escaped I do not know-with a mad ind-ustries of tlie 'cou-ntry by the worker·, us they expre . it, mob, armed with deadly weapon·s, seeking· his destruction be because of the impossibility of the successful conduct of indu - cause, forsooth, his desire to work did not conform with their try under the demands of the sh·ikers. In other word , t11ey will create an impossible condition for the present owners of wishes or interest . Yet we call this a fr~e C?Untry. these properties, and t11en, after the laws have been rendered My country, 'tis of thee; impotent and property rendered valueless to the present owners, Sweet land of liberty, they will seize the p'foperty and whatever el e there is that Ot thee I sing. t11eir hearts desire, and enjoy them as the goal and end of this Lip service to u liberty which · is rapidly disappearing is of movement. -little avail; for when the Government, ·1\Ir. President, fails I say that there is no doubt about the existence of that condi to give to its meanest citizen the equal protection of the law tion. There is a difference of opinion as to whether or not it it wrttes· it owp sentence of dissolu~on. We can :not ignore· has such power and is backed by such numbers ns to be a erious i:he 'lights ·of· the· humblest individual; black or white~ without and material menace to the welfare of the country of which the impel'iling om· own right ui:lClet-.: the hiw. _ ·: · > · Qoyernnient ought to take notice. I know tba t it is the clisposi- l919. r· CONGRESSION-AL RECORD-SENATE .. 6869 tion of many to ignore it, to _treat it as a mere exhibition of 1\lr. POINDEXTER. If the·Senator from.Florida insists upon mental aberration on the part of those who_are engaged in it, to that .form of the resolution I shall not object to it. I shall be treat those who are engaged as insignificant in the community, very glad, when the resolution comes up. if the Senator will call and to. take no steps by the Go\ernment toward its suppression. attention to the matter. It will go over until to-morrow and My purpose in introducing this resolution w.as to cull the atten we can consider amending it in that form. I personally prefer tion of the Senate, and of the country if J possibly could, to the the form in which I originally introduced it, but it is not my fact that w.e Jm\e now reached a point in the development of purpose in introducing the resolution to reflect on the Attorney this movement at which it behooves the Government, if it is General. My purpose is to direct the attention of the:- Senate, . going to. be maintained in its full vigor, not only to take action and particularly of the Attorney General, and also of the coun- but to take. \igorous action to suppress anarchy and revolution try, to the condition which exists. · and to defend itself, The trouble with the people who were following that man I apprehend, 1\Ir. President, that if the Government refuses through a wheat field, armed with bricks, because he wanted to to act in -the face of an international revolutionary propaganda work, as the Senator from Colorado [Mr. THOMAS] described, that has manifested it. elf already by the tying up of essential was that they overlooked the fact that if they are going to estab industries of the country and by interference with trade and lish a system by which a man can be prevented with brickbats commerce -"to the extent that hunger is already visiting thou from working, the same method can be applied to them as to the sands of our population-if the Government continues in that man that they were pursuing. If they have a light to pursue supine and indifferent attitude toward this thing, there is a real a man to prevent him from working some other man has ·a right danger that the Government will fall. When a government to pursue them to prevent them from working, or to compel them ceases to perform its function, when it ceases to defend itself to work. I regard it as just as much an invasion of personal against an attack that has the strength and the extent of this liberty, in principle, to prevent a man bY-force frem working as attack, which has been• demonstrated by competent evidence, I by force to compel a man to' work. Either one is a stat(• of sub say there .is great danger that the Government will be over jection to lawless force, which constitutes a form of slaverY. thrown, and we will have a repetition in the United States of In .the month of January, 1919, Mr. President, there were 105 America-which we have seemed to think God would take care strikes in existence in this country. In the month of February of, judging by our failure to take steps to protect ourselves-of there were 110. In the month of March there were 102. In the conditions that have brought misery to so many countries in the month of April ther_e were 134. In the month ot May there other parts of the world. were 219. In the month of June there were 245. In the month Mr. KING. 1\Ir. President, will the Senator yield a .IDoment? o'f July there were 3_64. In the month of August there were 308. Mr. POINDEXTER. I yield to the Senator from Utah. The number for July and August was twice as great as for the corresponding months of 1918. ~fr. KING. Does not the Senator think that an admonition should be given-although we ought not to be called upon to give Attention is called to the fact that. the publication of all of· admonitions to the States-to the various executive departments the magazines published in New_York City, one of the principal of the States that they enforce the laws that have been enacted mediums of information and intelligence, has been suspended by the various legislatures looking to the suppression of crime because of a strike. We are informed that on the 1st of Novem and violence and assaults upon the Goverament? My investiga ber the bituminous coal miners will go on strike, not because they tions have led me to the conclusion that many of the States have are not _getting large wages at present but because they want a been very supine, and that the1;e is an inclination to devolve upon 60 per cent increase above the large wages they are already get the Federal Government the assumption of that authority ting; they want a five-day week and a six-hour day. There is no doubt in my mind that if thqse conditions were granted they which, under our form of government, rests upon the States would be no more contented with the 60 per cent increase in themselves. · wages, with the five-day week and with the six-hour day, than Mr. POINDEXTER. Mr. President, this is not any time for they are n_QW, because they are impr_egnated with the doctrine sensitiveness on the part of public officials; whether of the Fed that the wage system must be .abolished. They· want to take eral Government or of the States, to criticism or to any action over the industries of the country.· . calling attention to their duty under the law. I understand that A distinguished Member of Congress from the State of Ohio, there is a disposition on the part of some friends of the admin who deserves a great deal of. credit..for the courageous stand istration and the Attorney General ra·ther to resent a resolution which he has taken upon this question, a member of· a labor which calls upon him to inform the Senate why he has not pro union himself, told me the other day that recently when he ceeded to enforce the laws; and if that were the only aspect of was visiting home_one of the aU~ns working-in the steel indus the question I never would have thought of introducing the reso try in Youngstown, Ohio, who had gone out on strike, told him lution. The matter is too important for such a consideration as they were on strike because Congress was going to take over that to have any weight whatever. these industries and give them to the workers. The Member of - Undoubtedly a great part of the jurisdiction of suppressing Congress asked him what his complaint was. He said· he had revolution and anarchy and forcible destruction of property and no complaint; that his pockets were full of money; that he had lawless violence of all kinds devolves upon the States; b1,1t I plenty of money, but that they wanted the industries th~_mselves, want to call attention for just a moment's time to the fact that it and that Congress was going to give them to them. That is the nlso devolves upon the United States, and that this movement idea that is back of the JongshoremEm's strike in. New York. has gone to such an extent that it not only in>ades the integrity Confessedly or secretly they hold up food supplies 'whi<;h are of the State governments and the ownership of private property stored upon these ships, which they refuse to unJoad~xcept in the several communities where these disorders exist but that that they did unload Col. House's baggage, having made an ex it menaces the functions of the Federal Government itself. ception of him-because they want to put the com·~unity into I want to call attention to the number of strikes that the discomfort. I read the conditions of the demands of the long country has been suffering from in recent months. shoremen in San Francisco. Demand after demand has been l\1r. FLETCHER. :Mr. President, may I interrupt the Senator granted them. One of them was that if they were orde·red to the by a question? · docks at a certain hour in the morning to unload a ship and the ~ir. POIND~~TER. I yield to the Senator from Florida. ship was not ready to be lmloaded at that time, if they waited Mr: FLETCHER. The form of the resolution, it seems to me, as much as h"\·o hours they were to be paid at regular wages might be misconstrued to some extent. The Senator, in framing one-half day's pay. That was one of the things that was granted, -the resolution, conveys the. idea' that there' has been a neglect a pi·eposterous concession, 'in my opinion, to a preposterous de of duty or a failure to perform duty on the part of the Attorney mand. Tbey were to be paid more for two hours of idleness GeneraL I , should like to ask if he would not be satisfied with than they would have been paid for two hours of work. But they this sort of language-that "~e inquire whether or not the were not satisfied with that. Attorney General has taken steps in these matters, and if not, The demands which they made and the demands which the · why not, and then p·roceed with the resolution. longshoremen in New York are making, if put into effect, would In other wo:r;ds: it ·is possible that the assumption that there give the longshoremen and the Longshoremen's Union absolute has been a total failure to act is not justified. There may be control of the employment of men, their discharge, the fixing of steps taken which we are not informed of. I suggest to the their wages, and the :fixing of their hours in that industry. Senator that that wording will accomplish his purpo!*- and at l\Ien who own the property, own the ships, and engage in this the same time perhaps really more fairly meet the situation commerce would ha-re nothing at . all to say about it. If the that we inquire whether or not, and if not, why not, the Attorney demands that are now being made are granted to the full extent, General has proceeded to do these things to which the Senator the complete res\].lt which is aimed at by this resolution, namely, r~fers. That, of course, would avoid subjecting the Attorney the taking over of the control and the practical ownership of the General or the Department of Justice to criticism if in fact be property of the country, . would be accomplished. That is the has heen actively performing his duty under the law. situation which confronts tbe country. 6870 _CONGRESSIONAL· RECORD-SENATE. 00TOBER 14 ' ·, l\I:r. MYERS .. :Mr. Fre ldent-·- ··In the New York Sun of-October 9 is the headline:- .'DJ ERESIDENT vt:o tempore.- Does the Senator from Wash- "12,000 out now on PennsYlvania Line~ar inspectors join ington yield tO' the· Senator :from.l\fouta11a ?.· ~ • · shopmen-Men ordered back to work._"· · - 1 Mr~ POINDEXTER. . I yield. . The New York Sun of tite· same date has this headline: . Mr.' 1\{YERS; 1\Ir. :J":hesiden:t.. r slwuld-like to ask the Senator ·"More reds seized in raids-· nt "Gary--Stockade b'eing built to from Washington 8J question, and-as Dearing uporr the qu-estion hoW. militacy - prisoner~." · · · of whether· (>1- not there: is a "\"'Jolation of: law upon the pllrt o:ll. And in the New York Sun of the· arne date is ·an account of tho e engaging in tile> revolutions" that are being carried on irr a plan. by- the Lite1·ary- Digest, one· ·of tiie 'well--h."'"nown magazines t~i~. country :E will read to him an e~tract from the- existing o the country, on account- of the strike to do. away with type statute: · · · setting in issuing its publication- and.! to substitute a. photo· Wl10ever wh-en the United ·states is at war • •· • shall willfully graphic process in order to meet this emergency. It is one of uttel', print,_ w~. o · publish1 *" ._ ~ , any language intended to. the cul'ious featureS o1l the situation that' the cessatio of the bting tb~ for-!D of government ot the United State • . ._ • in.to publication of nractically all the magazines in- New "York City co.ntempt- . has scat"cely been. mentioned in the daily press. 'Ve have shall be punished. I invite the:. Senator'S attenti.Dn to the pub· scarcely seen even. a brief news item of it. · I do not understand ·ushed reports tllat one· Ro'bent_Minor, who, it, was rep 1\lr. ·POINDEXTER. Mr. President, 1 have nn inquiry this Mr. President, the United States Shipping Board 1has stacked morning from a ·corr.eJWonclent :stating: up on the docks in Sealtle ·rifles which; ·under lthe -orders of the I would llke t o ask •why the motion to deport Emma 'Goldman has GGvernment, are to be exr>orteil for the .assistance of those w-ho been indefinitely postponed? I _presume the motion to :deport Berger ·are striving to establish a government of law and -order in wns ·nlso indefinitely postponed. ·I would also Ukl:' to know why Rose rastor Stokes is •still out on boll, bough her a:ppea1 for a 'new trial Russia, and when any ·man or combination ,gn r .nud put upon the statute hooks; it was deliberately :eon- :therefore, what J'a:pan is likely to tlo tit is neces ary to ·consider sitl ~red by Congress; it was JHI.t upon the :statute ·books for -n what she has done during the -past 25 years. 1f ~we find in ·the special pm·po e, and it is the solemn. .and. ·sworn ·duty ·of the 'li1 tor_y -of that period that Japan ha · .consistently advanced .in Attumey General of the United Stutes to enforce it. He has not her. control of China, has constantly invaded Chinese rights and done so. taken over Chinese territory, it seems to me absolute proof that 1919. CONGRESSIONAL RECORD-SENATE~ "6873 . , this well-defin~tl policy will 1Je ce-ntinued in Slmntung as it has that she opened her conn:ilerce to· us, our country undertook, in been so suceessfully followed everywhere else. For this reason case Korea was subjected to apvression by other nations, to: 1 desil'e to sketch very briefly the co.urse of Japanese policy in intervene- in her behalf-that is, to use· her good offices. I use' Chlnu. the sbo.rter term. As has lately been hown unquestionably The determination of Japan to adopt a policy e-f expan.- t nk ~ u . Japan, seeking her own aims, on ' August 15, 1914, sent governments, the Japanese Government still denied there were :m ultimatum to Germany, advising the Imperial Go>ernment- 21 demands. She presented a list of but 11. ·All this appeare~ '.fo V~i thdraw immediafely from Japanese and Chinese wate1·s, Ger- in evidence in the hearing held by the Committee on Foreign man ru e n-of-~· ar and armed vessels of all kinds, and to disarm at once Relations. thoTo e whichc.lellver canon nota dat bee sonot withurawn. later than ·September 15 to the Impenal. • In the meantime, her Peldng repre ·entative. was pressing .for Japane e .authorities, without condition or compensation, the ent_Ire an immediate unqualified acceptance. The C1 unese were p1 aymg leased territory of Kiaochow, with a view to the eventual restoration for time :mel hoping for the influence of foreign public opin of the same to China. ion. At length, on May 7, 1915, 'Japan delivered an ultimatum In takino- this action ordering Germany to " ·w ithdraw imme- giving two days and a few nours for acceptance, otherwise diately (1·~n Chinese 1.caters," Japan insultingly assumed an "the Imperial Japane e Government will take such steps as authority over China to which she had no right and a w eakn~ss may be necessary." Of course; failing to receive · assistance in China which was not justifiable. . As a matter of fact, Chrna from others, the Chinese Government had to yielu, although diu intern war hips of both belligerents in waters under her parts of group five, against which the foreign outcry had been control. . . loudest and the ·acceptance of· which would practically make 'President Yuan Sllih-Kai, although be had intimate 1\Ir. BRANDEGEE. I belie'\"e the Senator from Missouri Mr. BRANDEGEE. The Senator refers to the letter of Gen. [Mr. REED] was not on the floor at the time that matter was· Bliss? discus ed. I will state for his information tllat the letter from Mr. LODGE. The letter of Gen. Bliss, in which Mr. White and Secretary Lansing, in reply to my request for th~ -reporJ, ~tate~ Mr. Lansing joined. That was a.S~ed for by a resolution of that the report had never received-the ~pproval o! ~e J?~p~n't the Senator from Idaho [Mr. BoRAH] at the very beginning ment of State, although the report was made to the _D~partment of our proceedings and was refused. of Commerce and not to the Department of State at all. _The · We were also refused the official records of the peace con report for ·some reason; I do not know what,- f~~J?.er, that I call it_..:._the document in which three of our del3gates' to the intend to give a little more attention to it-this rimch, at least, veace cl?~e~en~e &pres~d . ·their obj~c!Jon _to t~e · s~antung is· true, if we are to trust to the unofficial copy of the Austrian clause--was refused. treaty that the Austrian treaty practically undeTtakes to con Mr. REED. ·And is it still refused? trol by the .A,llies or through the league of nations the internal ·l\Ir. LODGE. Oh, yes; it has heen absolutely refused. affairs of Austria. 1919... -CONGRESS! ON AL R.ECORD-SEN ATE. 6877 The practical government of the country 1s taken over by the I · recein~d yesterd-ay a copy of a French ne\vspnper, or I league. Then, it is provideu that any question arising as to the ·think it '\\as a translation of the French, purporting to be a carryi~r.g out of :my of the internal affairs of Austria as pre statement by Clemencemi to the French Chamber· of Deputies, . scribed j.n the treaty shall be an international question and shall in which he stated that it was at the request of Pre ident Wil l>e settled by the league; then, it is further provided that the son that he declined to furnish the French Chamber '\Yith the settlement shall be by the council of the league; then, it is proc~s verbaux or the minutes of the conference. , further )provided that that settlement shall ·be by a majority Now, Mr. President, my strong impression is that tho. e min of the council of the league, instead of by a unanimous vote; utes have been furnished to a committee of the French body, then, i_t is further provided that all of the nations signatory either the Senate or the Chamber, and that the committee was hereby binu themselves to abide by the majority decision of on the point of divulging them or submitting them to the body the council of the league; and then, it is further provided that of which it was a servant, -and that it was upon the receipt of ·the complaint as to a violation of the treaty obligations b~ the cable fro~ our State Department, under instructions from Austria can not be made by any nation a member of the league, the President of the United States, that Clemenceau forbade which is the plain provision of the league covenant itself, but the publication of those, and France has ratified the treaty -that it can only be made by one of the nations that is a without knowing anything of them. The committee, at least, · member of the council. So, I say, by the boldest sort of process had the privilege of seeing them; but our Committee on li'oi' they ru·e even now by way of treaty grafting onto the covenant eign Relations-we being a great uemoc_racy and having the of the league of nations provisions which change its entire adyantage of open diplomacy-haye never been allowed to see import; and that, while that process is going on, the Austrian them. ·treaty is- withheld from us, the correspondence is kept from Those proc~s verbaux, telling what went on at each sitting . us, and we are told we must proceed at breakneck speed. of our pence commissioners, of course show the arguments Mr. LODGE. Mr. President, I will say, first, to the Senator given for every disposition that was made in this peace treaty, from Missouri that the Austrian treaty which. we have is an and for all the pro·visions of the covenant of the league of na official copy, but it was not officially transmitted. As to inter tions, and show what \vas said by each peace commissioner of ference with internal affairs, the Senator need not travel so far the different nations, and are the key and explanation to what .as the Austrian treaty, for he will find similar interference in this treaty means, and why these things were done. That, _the treaty with Poland. under the .new demonstration of open diplomacy, is put in the Mr. REED. I am aware of that. dark, and we are allowed to see this thing, not face to face, Mr. LODGE. The treaty with Poland has never been trans but "through a glass darkly," and badly grimed at that. mitted to the Senate, but as it was transmitted by the British l\fr. LODGE. Mr. President, I have been led away from what ·Government to the Parliament and printed with the other I was trying to say, and I shall now conciude briefly. pa:Pers-and it was published in the White Book, a copy of I was speaking of this control of the entire Chinese trans · which could be purchased for sixpence at the booksellers in portation system which Japan was acquiring through the Shan London-! secured a copy and had it printed. It contains an tung railways. The comparison, to show practi-cally what it mteresting letter from M. Clemenceau to Paderewski. is, that springs most naturally to one's mind, is to imagine that · There is also a treaty with Czechoslovakia somewhere that Great Britain, with her control of Canada-a far less rigorous has relation'to the German treaty. The Czechoslovakian treaty control than Japan exerts over Manchuria or Eastern Inner I ha.ve never seen, and I have never heard of its being pub 1\Iongolia-also held under her control the port of. New York, lished in England, or I should have tried to secure a copy. all the wharves, all railway terminals, including our' two prin Mr. GORE. How does the Senator procure the copies of the cipal railroads, the management of our central customshouse, treaties which had not been transmitted to the Senate? post office, cable terminals, telegraph and telephone administra Mr: LODGE. I have been· able to secure copies in England. tions, the absolute ownership and control of the Penn.sylvanin If they were published in this country, of course they could be Railway through to Chicago, with the right to extend it at least obtained here; but I have a friend in England who kindly sends as far west as Kansas City; the prior right to finance or build me them when they are published, as . they can be obtained at and furnish supplies to all railroads; all important mines, pres ,small expense. I repeat, the Czechoslovakian treaty we have ent and future, in that territory; and any other improvements ·never had; but, so far as waiting for documents is concerned, which our people, through this Government, might contemplate my own feeling is that we know about all, we are likely to making in any of that territory north of ·washington and east of ·know about the pending treaty, and I should be very glad to Chicago, provided Great Britain would perform this work for us go on with it and finish it at the eru·liest possible moment con ·as cheaply as any other responsible bidder. Before acceding to sistent with proper discussion anu debate. this section of the peace treaty the Senate should carefully note 1\!r. BRANDEGEE. l\1r. President, will the Senator allow what such a grip of Great Britain would mean, not only to the ·me to interrupt him? . United States but to all other nations of the world wishing to Mr. REED. Will the Senator pardon me for a moment? do business with the United States. That would- fairly illus Mr. LODGE. I yield first to the Senator from Connec- trate the enormous value of the control which Japan retains in ticut. · the railroads and mines and her share of the port of Kiaochow. Mr. REED. I beg pardon; I <1i cxpenu, I think, something like $18,000,000 in ·destroying a large -traffic in which Japanese authorities are interested, either quantity of opium whlch had been brought in. The Oovern official or unofficial.' m~nt to a mo t remarkable degree, bas succeeded in carrying " Under the 10-year arrangement with England in 1907 the out its policy, such success being verified by. British officials,-as Chinese cleared their Provinces of native opimn in seven years, well as by the ::Umost universal testimony of foreigners residing and then the Indian open trade was stopped, though British in Cldnn. Within the la t .two or three years the Japanese have merchants were still allowed tacitly to smuggle. Lately the been forcing the Chinese in Chihli and Shantung back to their Chlnese bought ·UP the remaining $14,000,000 worth of opium former condition. Poppies are growing in Manchuria. Opium and burned it, and now under-Japan's domination China must is mnnufactured there in large quantities under the direction of -submit .again to this reestablishment of this vile trade. the Japanese, and the same drugs-formerly bought, it is as- " Shall America indorse these Hunnish acts toward a ister, ert d, largely in Edinburgh and other British territory-are now -friendly, allied nepublic by signing the treaty in its prresent imported by the Japanese contrary to their formal word at the form? opium conference, contrary to the spirit of the Chinese customs "" . E. 1 CKLIN ." law. , and are entering China in very large quantities. The out -port and over eas supplement of the China Illustrated Weekly .After many years of heroic efforts, the Chinese finally- thr w for February 15, 1919, gives some 300 specific cases of purchases -off the opium traffic, ftnally purcha ing $14,000,000 worth of of opium anu morphine made by its own agents from Japanese the drug and burning it. After all this sacrifice under the hops. Testimony shows that such cases are almost ~mitles , Japane e domination the opium trade is being fully ree ·tab and it is believed by the foreigners resident in China that this lished. The Nmth China Dally News, the most conservative nnd traffic has been deliberately encouraged by the Japanese Gov reliable British newspaper in China and the mouthpiece of ernment; first, for the purpose of revenue, and, second, with the British Legation, as quoted in the Literary Digest of April the ready willingness, at any rate, to have the Chinese for the 12, say. : 'Eighteen tons of morphine were smuggled into China time being weak physically and morally in oruer that the in one year. Japanese post offices arc in every part of China Japanese may be strengthened in this locality politically. and carry the drug everywhere. No customs inspections by It is amazing to · me that the supporter of prohibition should Chinese authorities allowed by the Japane e. In south Ohina su tain a power which is engaged in forcing opium upon China, morphine is sold by Chine e -peddler , each of whom carries a a drug even more deadly in its effect than alcohol. passport certifying that he is a native of Formosa, and there In this connection I wish to _print the testimony taken by the fore entitled to Japanese protection. Japanese drug stores · committee in regard to the opium question, which~ will ask to throughout Chlna carry large store: of morphine. Japanese have inserted here without reading. It is the testimony of Mr. :medicine vendors look to morphine for their largest profit. Macklin, who has been for nim·e than 20 years in Chinn, and Through 'rairen morphine circulates throughout' Manchuria and the head of the College of Nanking. It well deserY s reading the Province adjoining. Through Tsingtau morphine is carried and examination. 'vith opium and other contraband by motor-driven fishing boats The PRESIDING OFFICER. Without obj ctiou, it i · o to some point on the mainland from whence it is distributed ordered. throughout the Pro,·u1ce of 1• ukien and the north Kwangtung. The matter refeiTed to is as follows: Everywhere it is .·old IJy Japanese under extraterritorial pro tection. While the morphine traffic ~s large, there is every "SIL\.NTU"XG AXD OPIUM . reason to belie -e that the opium tram upon which Japan is "Under the dominating influence of Japan in China the opium embarking with enthusiasm is likely to prove more lucrative. business tlllt.t had been stopped by England ami Chinn i · being In the Calcutta opium ale, Japan bas become one of the con fully reestablished. siderable purchasers of Indian opium. She purchases for For "In Asia magazine of 1\larch, 1919, Putnam '\V ale says thu.t mosa, there the opium trade shows a steady growth und where the Japane e imported 20 tqns of morphine a year into China. opium is required for the manufacture of mor:phine. Sold by The Shanghai North China Daily News, the mosf conservative the Government of India, this opium is exported under permits and reliable British newspaper and the mouthpiece of the appliecl for by the Japanese Government, is shipped to Kob • British Legation, quoted in the Literary Digest of April 12, 'In and from Kobe is tran shipped to T 'ingtau. Large profits are South China morphine is sold by Chinese peddlers, each of whom made in this trade, in which are interested some of the leailing carries a passport certifying that he is a native of Formo a anrl firm· of Japan. It must be emphasized that this opium is not would be entitled to Japan's pi~oteetlon. There are Japanese imported into Japan. It is transshipped in Kobe Harbor, from post offices everywhere in Chlna, and they carry the drug -which point, as isted by the Japanese-controlled railroad through thi·oughout the country, and the Chinese authorities are neither Tsinanfu. it is smuggled through Shantung into Shanghai into able to investigate nor interfere. They are helpless under Yangtze Valley. Two thousand chests are smuggled, selling at Japanese domination. Japanese drug stores tlu·oughout China $20,000-$40,000,000. The Japanese authorities levy a tax upon carry large stocks of morphine, and Japanese medicine venders this, which does not appear in the estimates, equivalent to lo-ok to morphine for their large profits throughout Tairen. -$5,000 a chest, a total for 2,000 chests of $10,000,000. The cus Morphine cii·culates though Manchuria and the Provinces ad toms w}.lere smuggling is done are wholly under Japanese con joining. Through Tsingtau morphine is distributed over Shan trol. Moreover, Japanese military domination would forbid in tung, Anhui, and Kiangsu Provinces. From Formosa mor both ports any interference with the traffic in which the Japa phine is carried with opium and other contraband by motor nese are interested, either officially or unofficially.' driven fish boats to some point on the mainland, from where it "Fl'om the Missionary Review of tl1e World, May 19, E. W. is distributed throughout the Province of Fukiep. and north of Thwing, of the International Reform Bureau, says: 'Japan Kwangtung. Everywhere it is sold by Jap, nese under extra ,imports 20 tons of morphine a year into China.' territorial protecti_on. While the morphine traffic is lnrge, there "1\Iany quotations in Millards Review and the Far Eastern is every reason to believe that the opium traffic upon which Magazine. Japan is embarking with enthusiasm is likely to prove more " Under 10-year arrangement with England in 1907 the Chi lucrative (18 tons of morphine sold in one year by Japan to nese cleared all their Provinces of native opium in seven years, China). and then the Indian opium trade was supposedly stopped, but " ' ll;l the Calcutta opium sales Japan has become one of the tacitly smuggling still allowed, and now under Japanese domina cons).derable purchasers of Indian opium ; she purchases for tion China must submit to the full reestablishment of the vile Formosa where the opium trade shows steady growth and where traffic. Shall America indorse such Hunnish acts toward a opium is 1·equired for the manufacture of morphine. Sold by sister, friendly, allied llepublic by signing the treaty in its the Gov~rnment of India, this opium is exported under permits present form? applied for by the Japanese Government for shipment to Kobe "\V. E. MACKLIN." ; and is transshipped to Tsingtau. Large. profits are made in this Mr. LODGE. It is needless to dwell on these conditions, how trade_, in whicp _are interested some of the leading firms of Japan. ever. The case seems so complete that it is impossible to see It must be emphasized that this opium is not imported into how any conscientious American can consent to any act or any Japan, but is transshipped in Kobe Harbor, from which point it treaty that will extend the power of such a nation as Japan over is assisted by the Japanese railroads to Tsinanfu and smugglecl a cotmtry like China, especially when the United States de to Shantung into Shanghai and Yangtze Valley. Two thousand liberately drew China into the war with at least an implied if chests of opium are smuggled, v:aJued at $20,000 per chest. or not an expre sed promise to give asslstance and protection at S40,0oo,ooo, and the Japanese authorities recently taxed $5,000 the peace conference. a chest or $10.000,000, which does not appear in the estimates. .Such then bas been the com·se of. Japan-steady, relentless, aim " ' The customs and post offices where .smuggling is .done are ing to get ultimate control of the vast population and great terri wholly under Japanese control. .Mureover, Japanese military tory of China. As it has been in the pa t o will it be in the future domination would forbid in both ports any interference with the in regard to Shantung. J:tpnn i st eped in German ideas and -1919. CONGRESSIONAL RECORD-SENATE. 6879 . . ·d . s ,. n 1·ndustr·y because from war she bas ·secured all I pretations· which every other signatory wil1 treat with ill-concealed r egar s war a _.. . ramusement. the extensions of ller Empire. She is a power armed and tramed "T .favor the unadulterated reserva~ions for which Senator LoDGE has confronted by an unarmed and peaceful people. She means to been making a courageous and patr10tlc fight. The Ie~gue covena?t · · til b b · o er which you ask me to support pardons the looting of the Chinese Republic, exploit Chma nnd build herself up un s ~ ecomes ~ P w our traditional friend and ally, by the Japanese Monarchy. a monst1·ous formidable to all fne \Yorld. It is not merely that she Wlll close crime which if ratified by the Senate wlll brand my country for all the markets of China anu obtain enormous commercial and time as the faithless. ally of a great but helpless people. . · " · lt' t 1 tb tically "I refuse to contribute one dollar for such a purpose, and furthermore economiC advantages. She Will use u. I_ma e Y e pra~ 1 request you to erase my name from your list of apologists for your un- rmlimited man po\\"'er of China for nnlltary purposes JUSt as American propaganda. Germanv aml Austria used in their armies the man power of the "CHARLES S U :UNEll BIRD. 26,000,000 Slavs, who were utterly opposed to German ?ami "The te1~gram to Mr. Bird was: nation, to promote their schemes of conquest. Japan Wlll b_e " NEw YoRK, October 3, 1919. enabled to construct in that way a power which will threaten "CHARLES S. BIRD: the safety of the world. She is already advancing in Siberia; "The League to Enforce Peace, William IIowa.rd Taft, pres iue~t; A. Lawrence Lowell, chairman, is conductiJ?g an active and. n~cessanly c.x she controls practically as far as Lake Baikal; she is begin~ng penslve ·campaign to secure an expressiOn of public op~mon that will to stretch out farther; and with her control there and Chma compel ratification of the peace treaty without reservat10n that wol}ld require resubmission to the Paris conference of a separate treaty w1th ueveloped as she means to develop it she will threaten Europe. Germany. Will you not help the cause by a substantial contribution? But the country that she would menace most would be ou~ own, · " Herbert S. Honston treasurer ; George W. Wickersham,. Vance Mc and unless we carefully maintain a very superior ·Navy m the Cormick. Cleveland II. Dodge, Oscar S. Straus, finance comm1ttee ; Bush Pacific the day will come when the United States will take the 'l'erminal Sales Building, New York." place of France in another great war to preserve civilization. 40 to APPENDIX D. Eno-land allowed Germany for years build herself up in [From the Christian Science Monitor, Oct . 7, 1!)19.] eve~·y direction, to rob Denmark, subdue Austria, and plunder " SHANTU:o m nts, but also to cornprl other nu.tions to faithfully comply The PRESIDIJ.~G OFFICER (MI·. BALL in the chair). Does With tl1eir agreement~. the Senator from North Dakota yield to the Senator from :\fr. REED. :.\1r. Pni:siucnt, U.oe::; tho Senator mean to tell the Illinois? Senate and the conntry that Japan has a treaty with China en Mr. McCUMBER. In just a moment; one at a time. titling her to take over tho alleged German rigbts? When will this territory come unuer the complete right of Mr. McCUMBER. Why, certainly. Japan to dispose of? It will fall un.der her authority when the ::\ir. REED. That wa the one that wn.s sccure ; Mr. REED. I am gqing. to ask a question. I am going to l\fr. 1\lcOUl\IBER. I stand upon that rule at all times, 1\lr. ask if tile Senator, a few moments ago, when he said that some President. I am also ready to defeml my elf under that rule at Senators were becoming more solicitous about Germany than all time . ~ they were about the rights of our associates, meant that? and The PRESIDING OFFICER The Chair decides that the Sen if so, I want him to name the Senators. ator from North Dakota has the .floor and will proceed. Mr. McCUMBER. Mr. President, there have been a great 1\Ir. McCUMBER. 'l'hen, l\Ir. President, I will proceeu. many arguments on the floor of the Senate, arguments filled with Mr. 'REED. I call the attention of the 'hair to paragraph ·4 hatred of our principal ally in this great struggle, and aU the of Rule XIX. attempts that we have been. making to prevent the adoption of Mr. McCUMBER. I decline to yiel.d. a league of nations have been made upon the assumption that Mr.. REED I am not asking the Senator to yield. I am we must so guard ourselves in every particular that there could standmg on the floor-- . not be a decision· against us even though we were in the wrong. 1\Ir. McCUMBER. I declille to yield. The Chair ha ruled In other words, we must control the situation completely at all that I have the floor, and I intend to hold it. I want the SEm times. That·has been followed by arguments repeated upon the ator to fully understand that I purpose to stand upon my floor that we were, in effect, by this treaty securing such a rights, and the Senator has got some work to do if he takes grip upon the throat of Germany that we would strangle her me off the floor. · to death for all future time. · l\ir. REED. Oh-- Mr. REED. Now, Mr. President-- Mr. ·McCUMBER. Mr. President, tile Senator can not put it Mr. McCUMBER. That is what I meant and that is sufficient otr in that way. I fully understand the Senator's purpose. I for me. have not interfered with the Senator in any of the speeches he Mr. REED. If the Senator will permit me, because I think has ever made upon this floor, and I purpose to exercise my it is a somewhat delicate question, I should like 'the privilege rights in debate. of interjecting a remark-- l\fr. REED. I call the attention of the Chair to paragraph 4 · Mr. McCUMBER. I do not care to argue now. I want to of Rule XIX. finish my remarks. If the Senator wants to ask a further l\!r. l\!cCUl\IBER. I decline to yield to the Senator. Let him question, I will try to answer it. understand that. I have listened to tile Senator, Mr. President, l\Ir. REED. I want to make a suggestion to go with the for days and hours, and I have never interfered with him, stat::ment the Senator has made. · The cry of" pro-Germanism" although I disagTeed with him very much. Mr. President, I has become very frequent here, generally more by innuendo want to know if I am at liberty to go on without interference! ·than by direct statement. l\1r. ASHURST. Will the Senator yield to me? I rise as an 1\Ir. McCUMBER. Mr. President, I have not used the cry of amicus curia. pro-Germanism myself. l\1r. l\1cCUl\IBEH. I am always glad to yield for a . question, Mr. REED. The Senator came very near it, but if he wisher: but I will not yiel .~cnators prefer now to consider tbem as om- enemies, ana .Gemany a:nd an unbroken r-ecoro, to ask .Japan to come before the leag11e . eems to be more an object of solicitude than -our friends wh-o helped of natiorm exactly in the sam~ way, and then to k-eep her hand· u to defeat G that ''a ·-the way I had hoped it would be closed. But he de of character. They are submitted under a code of law written clined to tlo that, and let his words stand. Simply in order that by ourselv~ and for ourselves. Appeals lie from the ni i priu they mlo·ht not go to the country unchallenged I resorted to the or trial courts to the appellate tribunals. It all must be done omewhat drastic method of calling the S~nator to order. in the open. I have the highest regard for the Senator from North Dakota, Finally, as a shield over all, is the Constitution of the United and maintain for him a personal regard. I did . not want to States, under which the rights of a citizen may be protected interrupt him in his speech; I bad no such thought, but I even so far as the Supreme Court of the United State itself. can not allow tatements which impugn the honesty of pur And in all these controversies no juror can sit who has a preju po e of men who are opposed to this league to go unchallenged. dice or an interest, and no judge can sit who has a-prejudice I think the Senator from North Dakota, with the heat of or an interest. The tribunal is selected with reference to its debate upon him, said some things he did not mean; and I impartiality; and, too, it is a tribunal not only learned in and would have passed that, but other similar expressions have governed by our law but it is a tribunal trained to our methods been made. There are a good many people who seem to think of thought, to our ideals, to our religion ; and all these ele that those who differ from them on this league of nations are ments enter into every case that is tried by a h·ibunal of our very bad men, very wicked men ; that it is a species of heresy land. Yet, how often does justice miscarry, and how fre not to be willing to surrender the sovereignty of the United quently is it found that errors, ·both of law and of fact, have States into the hands of the representatives of a lot of foreign crept in to bring a tragic end to what ought to have been a governments. I hope this debate can proceed without attack triumphant acquittal of justice. · ing the motives of men, because if it ever comes to an exchange Let me compare that, sir, if you please, with this league of of the ldnd of compliments the Senator indulged in, those who nations. Let me very briefly point out why a league of nation · stand for the absolute national integrity of this Republic, who not only is not likely to do justice, but why it can not do jus- refuse to place it in any respect under the command or power tice. I undertake to prove that the most impos ible tribunal of foreign potentates, can well place their loyalty, their love that ever was set up in the world is this tribunal called the of country, their patriotism alongside of those who are willing league of nations. I care not, sir, whether you ha..-e resort to to set up an international tribunal which, according to the the council, dominated by five great powers, or whether you language of the Senator himself, just uttered, has the right have resort to the assembly, where the representatives of 32 to compel nations to obey its will. States sit. · It is all well enough to talk about a league of nations com - In the first place, there is no law under which this tribunal pelling Japan to do what it ought to do; but it must be borne convenes. ·There is no code, no statutory law laid down pre in mind that if the leagu'e of nations has the power to compel scribing the rights of litigants. There is no constitution writ Japan to do what it ought to 'do, the same body has the power ten that circumscribes or binds the powers of this assembly. to compel the United States of America to do what it ought There is no bill of rights for the individual nations. Since that to do; and since that body is a law unto itself, and determines day in 1215 when King John was forced to sign the l\Ia211a every one of these questions for itself, and settles for itself Charta, democracies and self-governing peoples have circum what it believes to be right and what it may believe to be scribed their rulers with constitutions, bills of rights, and legal wrong, it follows that a body having the power to compel restrictions all tending toward governments of ~aws, such as America to do what it ought to do is a body which has the the Government of the United States, and not governments of power to compel America to do what. that body thinks America men, such as -are the monarchies. Yet this covenant which i ought to do. to make the world safe for democracy does away with all of In otheJ.' words, by the plain confe ·sion and statement of the these tenets of democracy and sets up a government of men Senator, the league of nations is a supergovernment, having the and not a government of laws. The1·e is a covenant, so called, power to determine what America shall do and what America by which the various nations enter into this tribunal, and, shall not do. So that instead of America determining that aues having entered, submit their various controversies and ques tion for herself, as she has in the past, she must yield her right tions to the arbitrament or decision of various members of the as a sovereign to determine for herself to a body composed of tribunal, gathered either in the a sembly or in the counciL foreigners, and when a question cowes up for determination in Is either of those· judicial in it character? That was the which America is a party, America does not sit-not a single liv dream and thought that many men had who talked about irtg man who has sworn allegiance to the Republic sits. The case settling world contro'fersies without wars. But, sir, they are i determined by a body of foreigners. Questions that now are not judicial. They are political. Every man who sits upon to be dete1:mined by the Congress of the United States and by either of these tribunals is the representative of a foreign Gov the Pre ident, and ultimately by the people of the United States, ernment. He owes no allegiance to anybody on earth except are tim transferred to a body of men who owe us no allegiance, his own Government. It se.ts him up and it pull · him down who may possrss for us no disposition of fairness. So that when at will. He does not need to be learned in any law; indeed, the Senator from North Dakota as erts, as he has asserted, that there is no code of laws for him to follow, for the law of the league of nations can compel Japan to do what the league the various countries under which these men Ih·e differ as of nations says is right, under this treaty, that statement cai· much as the color of skin and as the character of religion . ries with it the unquestioned conclusion that they can compel They have no common code of law, no common code of moral., the United States to do what they determine the United States no common system of religion, and no common method of should do. thought. l\1r. President, there may be men who are willing to put the They come there, an aggregation from every part of the neck of Uncle Sam in that sort of noose, to throw the rope over world-from India, from Siam, from the Hedjaz, from Liberia, a beam, and to place the other end of it in the hands of our from Haiti, from Ecuador, from Great Britain, and from all ancient enemies, with permis ion to pull, pull, pull as long as the other countries-each with his own ideas of right and they please. As for me, as long as I ha\e breath and God gives wrong, each with his own conceptions of what is moral ot· im me the power I shall say that the destiny of this Republic shall moral; and I remark, by way of parenthesis, that I ha vc no remain in the hands of the American people alone: doubt that every Jap believe that it is a duty to his com1try This brings me, Mr. President, to an analysts of statements and a duty to hls god, if he ha. one to grab e'fery inch of that we frequently hear made. 'Ve hear it said that the league Chinese territory the moment the opportunity is so affordecl. of nations will compel the right thing to be done, that the league This league of nations does not even acknowledge a its gtlide of nations has the power to compel right to be done in this what has been heretofore called international law. You cnn world ; and the assumption is made in all these arguments that not find in the entire covenant of the league of nations a codi the lea O'ue of nations will always discern the right and always fication of international law, or a re<:ognition of .,_Yhat are its · with infallibility do justice and equity. fundamental principles. Gentlemen seem to forget that the power to decide a question So that these men come in as the rc>presenbltives of uiffet·ent and to apply coercion to carry out the decision, which is what kinds of governments, of clifferent ldnus of 1)eople, of ideals the Senator from North Dakota has now plainly stated will that are the antithesis of each othe1·, alH1 of codes of morals always be exercised with infallible righteousness, carries with that are as different as clay is from night. They orne there, it the power to decide it wrong, and. that there is no earthly I repeat, not as judges of courts, not as men sworn to uphold tribunal that has ever been set up that is capable of always the law or to bring forth equity, but th y come n. the representa rendering a righteous decision. It is true, we must submit tives of their respective governments. I amrm now that it is ordinary earthly controversies between individuals to earthly my opinion that not one of these men '"'·ho e\er Yoted agninst tribunals. But to what kind of tribunals? We .submit them the interests of his own government, no matter how just might in our land to a jury summoned from the body ot the county, be his vote, would ever dare go home again to hi p oplc. from the vicinage; to a judge learned in the law and selected Is it possible on any great international question that you with reference to his impartiality, his wisdom, and.his probity can imagine to find this tribunal unbiased, a you expec t a court 1919. CONGRESSIONAL RECORD-SEN ATE. 6885 to be? I will defy any Member of this Senate to point to a nations agree to submit to arbitration or to the council, and single great international question where substantially every then the provision follows that. either party can remove th~ case nation of the earth does not have a selfish interest. Point me from the council to the assembly. While the Sen a tor is talking now to one, if you can. And in many of these cases they have about ignorance, I simply suggest to llim that" he read the a common interest against the United States. document himself. . Suppose the question were to be raised again of the Panama Mr. HITCHCOCK. Daes the Senator .· deny that if Great Canal tol~s, and suppose that America were to assert what I Britain had such a contro>e.rsy with us she would call it up believe to be her undoubted right, the right to open that canal under the arbitration tr.eaties now in existence? io her own vessels, sailing under her own flag, witlwut the pay 1\fr. REED. I say Great Britain can call it up uude1· the ment o:( any toll. Suppose Great Britain were to protest and arbitration treaty or she can call it up under the league cove summon us as a litigant to the bar of either the council or the nant. assembly, and Great Britain, being a direct party compJainant, Mr. HITCHCOCK. Ko; she can only call it ·up under the and the United States, being a direct party defendant, could not arbitration treaty. That is the only way she can call it up. take their seats at the council table and the trial would proceed, Mr. REED. I say more than that. All tlle Senator woulll let u. say, before the council. France has an interest in f~ee succeed in doing, if he made that plea good, woul~ be to defend tolls for if tolls are not free for her as they are for Amenca against tlle league, not by answering my ;:trgument, but by her Interest is exactly the interest of Great Britain in character saying in this particular instance we are not obliged to submit if not in degree-- ourselves to this fearful instrumentality wllich you ha..-e set l\1r. HITCHCOCK. Mr. President- up, dominated by European and Asiatic countries. Mr. REED. Let me finish my sentence. Mr. HITCHCOCK. Does the Senator desire to misquote me? Japan owns ve ·sels. She has the same interest that Great I ha>e not said that. I said tlle council was not designed for Britain has. Italy possesses a maritime fleet, and she has an such a purpose, and when he states that it was designeu to interest, as Great Britain has. Belgium, Greece, Spain-every pass on such questions, he shows that he does not understand it. one of those nations has an interest identical with the interest of l\fr. REED. I shall not characterize our distinguished Demo Great Britain, yet they are not parties litigant and they can sit cratic leader as ignorant, as he characterizes me so often. and and vote, and would sit and >Ote, in the interest of their own I repeat that it is my misfortune not to have sat at his feet nations. Does that bear any resemblnnce to a. court? And yet and learned wisdom, but I thought I had an understanding of it is to this tribunal, composed of interested parties, composed the English language. of foreigners, that we propose to submit great national ques Article 12. The members of the league agree tliat if there should tions. arise .between them any dispute likely to lead to a rupture, they will I yield to the Senator from Nebraska. submit the matter either to arbitration or to inquiry by the counc!l-- .lr. HITCHCOCK. Mr. President, I think the Senator's illus l\1r. HITCHCOCK. Has the Senator read it all? tration is unfortunate. W_e would not be summoned to such a l\fr. REED. I am reading it. If you will wait long enougll, tribunal in such case. 'Ve ha>e arbitration treaties ,.-ith Great I will read it all. Britain that co>er exactly such a case, and those arbitration And they agree in no case to resort to war until three months after the award by the arbitrators or the report by the council. treaties remain in force under the terms of the league of nations. In ::my case under this article the award of the arbitrators sha:a be ~1r. REED. The Senator's defense· now to this infamous made within u reasonable tlme, and the report of the council shall be proposition is that in this instance we have h·eatie . He does made within six months after the submission of the dispute.· Article 13. The members of the league agree that whenever any not dare bring his case to the tribunal. He pleads that it will dispute shall arise between them which they recognize to be suitable for be decided by another tribunal and that we escape the inequities submission to arbitration and which can not be satisfactorily settled of :-;uch a decision as would be rendered by this interested tri by diplomacy, they will submit the whole subject matter to arbitration. And for this purpose the court of arbitration to which the case 1s bunal becausE', fortunately, we ha>e a treaty that enables us to referred shall be the court agreed upon by the parties to the dispute llaYe an arbitration ,i·hich may bear some faint resemblance to or stipulated in any convention existing between them. . . n proceeding in a court of justice. l\fr. HITCHCOCK. Will the Senator permit me to interrupt l\.ir. HITCHCOCK. Mr. President-- him there? 1\lr. HEED. Just a moment. The plea is like every plea I · Mr. REED. I will let the Senator interrupt me in a moment. haye heard from the lips of every man who undertakes to defend Mr. HITCHCOCK. But I want to interrupt the Senator at thi document. It is a plea of confession and a>oidance. They that point. say, "What you say is true, but in this particular instance the 1\Ir. REED. All right, since I am to learn. league is not allowed to act." However, I call the Senator's Mr. HITCHCOCK. The quotation which the Senator has attention to the fact that England, notwithstanding her arbitra just read is that the nations agree that if a question should tion treaty, can put us into the council at any time by a com arise which they agree should be submitted to arbitration, it plaint. It is so written in the instrument. shall be arbitrated. The Senator knows that Great Britain and Mr. HITCHCOCK. England can do nothing to us that we the United States ha>e already agreed that this is one of the <·an not do to England. questions which should ·be settled by arbitration, and yet be l\Ir. nEED. Oh, ye ·; ·he can. She has the Yotes. lugs in the statement that-it is to be settled by the council. Mr. HITCHCOCK. England promises nothing that we do not Mr. REED. The Senator from Nebraska will not wait until vromi e. England incurs no obligations that we do not incur. I get through. If he does, he will see where he comes out. They are purely reciprocal. He will come out of the hole hp went into. 'l'he purpose for which I interrupted the Senator was to show Article 13 says : that these assertions about cases being brought before the coun For the consideration of any such dispute the court of arbitration to dl iu this way are based absolutely upon entire ignorance of which the case is referred shall be the colll't agreed on by the parties the document. The document contemplates arbitration. The to the dispute or stipulated in any convention existing between them. document proYides for arbitration. The league of nations is an Mr. HITCHCOCK. That is already existing. ex:ten ion of the idea of arbitration. We have led other nations Mr. REED. Can the Senator wait a minute? in arbitration. We have urged arbitration, and the league of Mr. HITCHCOCK. No; I can not. · That is just what I am nations simply carries the proposition further. When the Sena calling attention to. tor says-- Mr. REED. I understood what the Senator called my atten 1\fr. REED. If this is a question, go ahead. tion to, and his remarks actually penetrated my mind. I really l\lr. HITCHCOCK. When the Senator says England would understand what the Senator means. bring such a case as that agaiiist us before the council, it simply Mr. HITCHCOCK. I congratulate the Senator from Mis sho\\·s that he does not understand the thing at all. Great souri. Britain would not. We would not. We would arbitrate the 1.\Ir. REED. I ougllt to be congratulated, because it requires matter, just as we are bound by many treaties, not only with a great deal of brain power to always follow the SenJ.tor when Great Britain but with other nations, to do. he walks in such a high line. I continue reading: Mr. REED. Now, Mr. President, it is too bad, really, that The members of the league agree that they will carry out in full goo~ somewhere along the dark shadowy course of my intellectual faith any award that may be rendered, and that they will not res-ort to war against a member of the league which complies. therewith. In existence I did not fall under the sunlight of the Senator's the event of any failure to carry out suc-h an award, the council shall intelligence so that I might gain knowledge from him. But propose what steps should be taken to give effect thereto. I happen to have read the covenant of the league of nations, and while I may be mistaken about anytWng, I . affirm that there Now let us go back. is not a first-class Ia wyer anywhere on earth who will take Article 12 provides, as I ha>e said- that if there should arise any dispute likely to lead to a rupture, th~ that document and say that we could not be compelled to try will submit the matter either to arbitration or to inquiry by tb~ the case in the league. The language is pla-in. The vat·ious council. 1 6886 CONGRESSIONAL RECOltD- ENATN. 0 ,.l'OHER -14 ' Article 13 has to do with the question ot arbitration. It is pose tlla.t \V'hen we got ·into council-one of Gr-eat Brltain•rJ Jl. wn:s proposed there that there shall be arbitration. Let '1lB see or tlnmmy director , sitting on that ouncn, v ed "no, and whether either party has to accept arbitration : ! there was nat a unanim{)us 'decision ; what would ut once :AnT. 14. Tbe council shall formulate and submit to -the members o1 result? Suppose that Greece, that has been Great .Britain's c:hafr th£> league for adoption plans for the establishment of a permanent .court , tel ever since Greece was set up, {)I' Spain, that hate the United of international justice. The caort 11h.all ba competent to hear and deter mint> any dispute of an International character which the parties thereto Stat-es with a hatred as deadly as as eYer felt, because we l'e submit to it. duced ller to u fourth-rate power, or that Belgium, absolutely It shall have the l)ower to determine any matter which the under the control ana .domination of Great Britain, or that parties recognize as suitable to submit to it for arbitration under France-and I would say nothing harsh of France·; in de d. [ the foregoing article. desire to say nothing harsh of any of tbe.~e nations-but suppose 'Ve may hnve a tribunal of arbitration or court of arbitration · that France, dependent for her very life upon the Briti~h ·avy up to this point, but you have agreed in advance to ,go ~ither to ana tbe British Army, should under British in:ftuence vote nay, the court of arbitration or to the council. Now I come to ar thus making a nonunani:mous -decision-a bung jury, if you ticle 15: pl€ase-then the world would be free to g.o to war. If there should arise between members of the league any dispute likely I have been led aside, "but 1 think we shall hear very little to lead to a rupture which is not submitted to arbitration in accordance more of the contention that all cases can not be forced into the wJth article 13- coun·cn. If 1 cared to read further-and merely ·for the sake of 'J..'hat is, if one of the parties refuses to arbitrate- continuity I think I will put it in-1 could show that the asc the members of the league agree ntat they will submit the matter to can go to the assembly : the counciL The council may in any case unuer this article refer the dispute to the assembly. The dispute shall be so referred at the .requt>st ot either All any nation ha.s to do is just to decline to arbitrate, and it party to the dispute, providt>d that such t·equest be made withl.n 14 days goes to the council. Then- after tne submission o! ·the dispute to the council. Any party to the dispute-- Either party can send a dispute over the Panama Canal tons Now, listen- to the assembly by simply serving notice-a mere request. Yet may e.ft't>ct such submission by giving notice of the existence? of the yon tell me that that is a matter for .arbitration. I repeat 1t 1 dispute to the secretary general, who will make all necessary arrange a singular thing-- ments for a full tnvestlgation and consideration tberMf. For this purpose the parties to the dispute will communicate to the 1\'Il·. IDTCHCOCK. Mr. President-- secretary general, as promptly as possible, statements of their case 1\lr. REED. Just a moment. It is a vei;y singular thing ihat with aU the relevant facts una papers, and the council ·may forthwith every time one presents the enormities and dangers of this league direct tbl.' publication thereof. · The council shall endeavor to e1rect a ettlement oi the dispute, and of nations some Senator gets up and makes the plea of impotence if such efl'orts art> successful a statemellt shall be made public giving for his ·league. He either pleads, as the ·Senator from Nebraska such facts and explanations re~arding . the dispute and the terms of now does, that in this particular case we have a treaty of ru·bi settlPment thereof as the council may deem appropriate. tration and hence we may have the benefits of arbitration in tend If the di~pute is not thus settled the council either unanimously or by a majority vote shall makP and publish a report containing a state of a decision by the league, or ~ pleads, as has been the case, ment of the facts of the di~>pute and the recommendations which are that we can not be ·bound except with our consent; that it re deemed just and proper iB regard thereto. quires unanimous action ; whereas every ..man who has read the Now, we .have had a dispute about the tolls. Great Britaln league covenant and read it intelligently knows that in all that deelin to arbitrate. We go to the council, for it is the only vast mass {)f cases where we .are directly concerned, where the place we could go, or they simply went to the .council 1n the first life of our own Nation may be at stake, we do not sit; that we instance by serving their notice. Nobody can deny that who are voiceless, silent; like .a prisoner at tbe bar or a litigant in is candid. I continue rending from article 15: the courts, we have no right to take part in the deci.sjon what ~:Any member of the l~ague represented on the 'Council may make public ever the nature of the cases that are thus to be referred. a statement of th~ ·facts '()f the dispute and of ita conclusions regarding Mr. HITCHCOCK. Does the Senator .from Missouri think the same. · . If a report by the council is unanimously agreed to by the members we ought to talte part in the decision of our own dispute ? thereof other than the repre~entatives of one or more of the parties to The PRESIDING OFFICER (.Mr. BRANDEGEE in the chair). the d pute-- · . The Cbai1· will- call the attention of the Senator from Nebraska I call attention to that because the ·senate has been told 1111d to the fact that the rule requires a Senator desiring to interrupt the country has been told that in no case can we be bound a Senator who is on the .floor to first address the Chair. unless we vote agalnst ourselves; but the decision binds if it Mr. REED. I may be very old-fashioned, but I think, sir, as is unaniinous, ~xcept for 'the pn.rties to the dispute who are an American citizen, that when the fathers set up this Republic excluded from sitting. · they set up a Government by the American people, in which the · Mr. HITCHCOCK. Binds us to what'! American people as overeigns proposed to decide every qu tion Mr. REED. Binds us to their decision. I will read to the for themselves. Before the Revolution questions were d cided Senato'r ·what it binds us to. by the mandate of an Engli h King. Under the league of Mr. HITCHCOCK. It binds us to what? nations they will be decided by an English King and his satel Mr. E,EED. To whatever they decide. lites; or, if not by him, by monarchs of other countries who are Mr. HITCHCOCK. o ; it merely binds us not to go to war; not as goou or as enlightened ns he. That is exactly where the that is ri.ll-- Senator from Nebraska and I differ. He thinks tbe · United 1\fr. REED. Let us see if that is all. States ought to submit questions vital to its interests to a Mr. HITCHCOCK. That is all we arc bound to under the tribunal of foreigners; I think it should never submit such ques league of nations. tions to nny tribunal but a tribunal of American citizens. 'Ihat Mr. REED. Mr. President, of course, I am willing to in is the difference between an internationalist and a nationalist. dulge tbe Senator to any exten4 but we ought not merely to get Mr. HITCHCOCK. ~1r. President-- into a general conver ation. However, I am not going to shut The PRES1DING OFFICER. Does the Senator from Mis off his intenuptions. The covenant reads: souri yield to the Senator from Nebraska? If u report by the council is unanimously agreed to by the members :1\'lr. REED. I have not yielded the floor. thereof other than the representatives of one or more of the parties The PRESIDING OFFICER. The Chair a ked the Senator to the dispute, the members of the league agree that they wlll not -go from Missouri if he yielded to the Senator from Nebra ka? to war with any party to the dispute which eomplies with the recom mendations of the report. :Mr. REED. Oh, -yes; I yield to the Senator. 1\fr. IDTCHCOCK. The Senator started out with the propo CeJ:tainly the obligation not to go to war is t'here. If the sition that if -a dispute arose between the United States and decision is unanimous against us, we agree not to go to war; Great Britain w1tb regard to the Panama Danal tolls the matter if it is unanimou against Eng1and, then they agree not to go would be taken jurisdiction of by the council of the le1gue of io war; but if it is not unanimous, either party can go to war nations. if it wants to. The only thing that .can .prevent war is a Mr. REED. I said it co11ld be taken jtu-isdiction .of by the. unanimous decision ; so that all that Ls necessary to deluge this CD1IDCil. world in blood 1mder this beneficent theory is one negative . ·Mr. HITCHCOCK. I called the Senator's attention to tflc vote. fact that we have made several treaties with Great Britain '\Tith If tbe connell fails to rcncll a. report which is umnitmously agreed regard to the Panama Canal and the tolls on that canaL. and thai; to by the members thereof, other than the representatives of one or we alffi have ~n arbitration treaty with -Great Britain w1lich 1Dorc of the parties to the dispute, the members of the league reserve to themselves the right to take -such action ·RS t~ shall consider provides "tbat we 'Shall aTbitrate matters arising out of treacy nece sary for ·the maintenance of right and justice. construction. 1: also directed his attention to the fact that the ·Suppose we took a question to the council ; and suppose Great league of nations contemp1nte that all such questions ·4hal1 be Britain felt cocky cnouah to try to whip Uncle Sam; and sup- settled by ':t.rbitration when the nation · have corr.s:nittoo t.'l~.t~· 1919. CONGRESSIONAL RECORD-SENATE. 6887 selve to arbitration. Yet the Senator persists in saying that he Let us see what they say are questions suitable for decision: correctly gave an illush·ation of what might be submitted to the The membe.rs of the league agree that whenever any dispute shall eouncil. a1ise between them which they recognize to be suitable for submission . that I am not enterin!Z any to arbitration, and which can not be satisfactorily settled by diplomacy, Now' I Want to say- to tlle Senator ~ they will submit the wliole subject matter to arbitration. plea of confession and avoidance. I say that as to the matters Disputes as to the ·interpretation of a treaty, as to any question of which can properly be submitted to the council it is exactly international law, as to the existence of any fact which if established ,,Y that should pass upon. them ·, and I say the. covenant would constitute a breach of any international obligation, or as to the the bou ilXtent and nature of the reparation to be made for any such breach, of the league of nations provides that some questions shall be are declared to be among those which are generally suitab1e for sub submitted to arbitration, that other questions shall be sub· mission to arbitration. mitted to inquiry, and that when the council reaches a decision I go back now, and I read again the statement that- unanimously all it can compel the losing nation to do is not to go The members of the league agree that if there should arise between to war. It does not inflict any other penalty upon the losing them any dispute likely to lead to a rupture, they will submit the nation. That is for the preservation of peace. • matter either to arbitration or to inquiry by the council. The Senator takes the position here that where a dispute Again I read that- arises between the United States and another country the United If there should nrise between members of the league any dispute State should sit as a judge 'in the case. Our whole course of likely to lead to a rupture, which is not submitted to arbitration in ac arbitration has been that ,'\·here a dispute aris€-' between the cordance with article 13, the members of the league agree that they United States and another country some other authority-a will submit the matter to the council. tlisinterested authority__:_should be called in to decide the case; So that all any nation has to do to escape arbitration and to :mu I am amazed that the .Senator has taken the position that in get into the council is simply to decline to arbitrate, and the nn international question involving a controversy between two only place left is the council; and after the council, of course, countrie each country should decide for itself and should go the assembly. What is the use of denying plain language? to wa t· if an agreement can not be reached. What use is there in Senators trying to escape a fact of that kind? l\lt·. REED. Oh, the Senator has war on the brain. He had There is not a lawyer in this body who does not know that war on the brain when, after the Lusitan·ia had been sunk, after if he were the adviser of a nation he would quickly tell them, if Belgium had been invaded, after German atrocities had been com- they wanted to escape arbitration and could get favorable mitte this uew condition, I ean not say; but when one goes back to pose. Its integrity and the .character of its go ernment are aU ascertain the r-eason for Great Britam's defense of the Tm"k matters that are .ef vital intere t to the other nations of the it is found in -the fundamental fact that Great Britain prefer:lled world. When any question comes for settlement with reference to baTe the Turk ·control the Dardanelles rather than t-o have to Gr-eece Here is one of the-beauties of·your unanimous-vote proposition. having only one real interest, the vindication of our national She stands then as a litigant in court stands where the jury rights, but being willing to help preserve and save others. The has hung and there is no further trial. What then? Then the United States comes to China and asks China if she will not also parties are left to their own devices. Then, in the absence of cast her lot with the nations struggling against Germany. China that unanimous decision, Japan is at liberty to take whatsoever sends 300,000 of her men with pick and shovel to dig in the steps she deems just and right. She can then, with the full trenches under that rain of hell that poured from the mouths sanction of the world, having proceeded in strict accordance of German guns. Chinese laborers lie there sweltering in their with the league of nations, proceed to build her fortresses within bloou, along with British, along with French, along with Ameri the sacred ·on of China. She can march her armed bodies cans, but not along with Japanese--at least with very few of acros ·that land, and if China says but a word of protest she them, for I am informed that that country lost in the war only can make that the pretext to the world to go on with her march a few hundred men. So they fight to win a glorious victory. upon China, and there is no escape from that conclusion. Then the day comes when China-her eyes swimming with She does it with the full sanction and authority -of the league delight, her heart buoyed up with the thought that now she is of nations, for she has conformed with their rules and regula coming to a tribunal that will restore her to all her ancient tions and under them has gained her acquittance and her license rights and will take the oppressor's heel from her breast-finds to make war. that her fairest Province has been divided up, and that while A fine chance China is going to have of getting a unanimous she fought they were betraying her; while her sons Uied, they decision against Japan, of getting any decision against Japan, were dividing the profits. when in the Yery process of the formation of this league Japan There may be Senators on the floor who will vote for that was still powerful enough by the mere rattling of her saber to sort of thing, but when they do let them not do it with the have her loot guaranteed to her. solace that they are doing it for the good of China. China Get it back from Japan after you have glven Japan the title knows her ancient and treacherous enemy, China knows beL· and agreed that this is Japan's, and then decide it differently rights, and China knows that if this Province is honestly going because Japan has informally· said something? Let us have to be returned the time to return it is uow ; that when a man a k. done with misrepresentation of facts on the floor of the Senate, a decree of court to confirm him in a title to property that is not with statements sent out here to the country that Japan has his, upon the pretext that he is going to give it back after h ...~ bound herself to return these Provinces to China. And yet the has secm~ ed the title, that is the pretext of a rogue. That i. President, according to all the press reports-and we must look the artifice of a man who does not possess common honesty. in the press reports for almost everything from the White There is not a lawyer he're but would say to a litigant under uch House--has been trying to get Japan to give the very promise circumstances that the time to turn it over is when the deer which Senators have told us here has been given. is written. Let us write it in the decree now and here that thh> Is Woodrow Wilson a man likely to ask for specific terms from great act of justice shall be done. But, no; the cunning Prussian a country that has already by inviolable contracts and agree of the Orient proposes to get a title sanctioned, warranted, and ments bound herself? I do not hold him in such esteem as to guaranteed by the league of nations with its holy seal affixed, think that, and when he says we must make an agreement, un and then it will settle the question hereafter whether it think , doubtedly an agreement in his opinion is necessary. tl1at it is ready to give back this property that it bas taken. The Senator from North Dakota. [Mr. McCuMUER] indulges in It is a good thing to mix a little common sense e\en in om: a species of argument that I do not think exactly does credit to dreams. He who thinks on this matter from the practical him. This is the argument: Germany robs China; Japan took standpoint of life must know that Japan, having laid her hand the loot away from Germany; it is all right to confirm the loot in of steel upon the throat of China, does not intend to relax hc:>l' the hands of Japan because China did not have anything to give grip. away; it was already taken. That is to say, you can get good Mr. CURTIS. lli. President, I move that the Senate take n title by theft. Of course you can, perhaps, in a league of na recess until 11 o'clock to-morrow morning. tions where you live in an exalted atmosphere where ordinary Mr. OWEN addressed the Chair. mortals can not penetrate; but, just as an ordinary mortal~ I The PH.ESIDING OFFICER. Does the Senator from Kan ·a aver that you never can make good title to stolen goods and that withhold the motion? one thief can not secure a fee simple title from another thief Mr~ CURTIS. I am willing to withhold the motion for a few to the goods that have been stolen. moments and yield to the Senator from Oklahoma. How would the Senator from North Dakota [Mr. McCuMBER] Mr. OWEN. I give notice that, with the consent.of the Sen like it if I went into his State and robbed one of his banks and ate, I should like to address the Senate at 11 o'clock to-morrow he was chasing me and was not quite strong enough to overcome morning. me, and the sheriff came along with a posse comitatus and RECESS. captured me and took the money and then went down to the 1\lr. CURTIS. I renew my motion that the Senate take n re court-a league of nations court, where everything is done on cess until 11 o'clock to-morrow morning. high lines-and the court should decide that when I robbed the The motion was agreed to; and (at 5 o'clock aml 25 minut . Senator's bank he lost title to his money, and that when the p. m.) the Senate took a recess until to-morrow, \Vednesclny, sheriff took it from me the sheriff took my title, which was a October 15, 1919, at 11 o'clock a. m. good title, and the court would award the money not to the bank but to the sheriff who robbed the thief? That iS the philosophy that we are being taught. If we . pursue these lofty courses much longer, we shall get so far away from the fundamental HOUSE OF REPRESENTATIVES. principles of justice as to have no 1onger any chart or map or _TUESDAY, October 14, 191.9. compass or landmark to guide us. If we were settling these things according to the old colu The House met at 12 o'clock noon. blooded philosophy and China had stayed out of the war and The Chaplain, Rev. Henry N. Couden, D. D., offered the fol done nothing, we might have said, "'Vell, Japan, you got that lowing prayer : loot; that is a part of your swag; take it." But, sir, according Infinite Spirit, ever present, working in and through the to the old-fashioned brutal philosophy, even if it were rogues hearts of men, grant that we may be tractable; that Thy king robbing and plundering, the honor among thieves would have dom may be ours to enjoy and advance, which means perfection repudiated the proposition to give to one of the parties the right for the individual and therefore for the race; that evil may de to rob another who was engaged in the enterprise. part and good be triumphant; that Thy will may be done in We were not supposed to be thieves. The worlU was strug earth as in heaven; for Thjne is the kingdom, and the power, gling with this great giant, the Teutonic force. We called and the glory forever. Amen. China in and China came. Part of l1er lands had been takf'n. The Journal of the proceedings of yesterday was read and np It is not true that Japan took that peninsula; it is true that proved. Japan and England took it. England was too honorable to claim QUESTION OF PERSONAL PRIVII.EGE. that she owned the thing that was Chinese, but after her treaty 1\Ir. McKENZIE. Mr. Speaker, I desire to be recognized on with Japan . ·he was not in a position to say that Japan should a matter of personal privilege for a few minutes, and my reason not take it. I say in all the history of the world I know of no for asking for this privilege at this time is on account of certain similar picture of perfidy ; nothing blacker in the annals of statements contained in an editorial published in the Chicago treachery and double-dealing between nations. Tribune of the date of Thursday, October 9, 1919, a copy of Behold the scene : French and English Armies are struggling which I send to the Clerk's desk and ask that it may be read to preserve their countries; they have been driven back and in order that the Speaker way determine whether or not I am back until their hearts are almost in despair, brave and noble entitled to the floor as a matter of personal privilege to make n as are their hearts. The United States is entering the contest, statement iil connection with the same.